Facts

Cutbertha Rincon, age 73, filed suit against the Los Angeles County Metropolitan Transportation Authority and Donna Monique De Loach in relation to an incident on January 8, 2017, in which Rincon was struck by a LACMTA bus operated by De Loach at the intersection of West Fifth Street and South Broadway in downtown Los Angeles.

PLAINTIFF'S CONTENTIONS: Rincon contended that she was crossing the street when she was struck by the LACMTA bus operated by De Loach, and this collision caused her to strike the ground, injuring her right shoulder. Rincon alleged De Loach was negligent in her operation of the bus and the LACMTA was vicariously liable for her actions.

DEFENDANTS' CONTENTIONS: Defendants denied being solely at fault and contended Rincon was at least comparatively at fault because she crossed against the traffic signal. Further, defendants denied Rincon's claim that she would require future care. Defendants also contended Rincon's shoulder fracture was a pre-existing injury and not caused by the collision with the bus.

Settlement Discussions

Plaintiff's demand was $850,000.

Damages

Rincon sought $13,000 in past medical costs, along with an estimated $100,000 in future medical costs and past and future pain and suffering.

Injuries

Rincon alleged she suffered a nondisplaced hairline fracture of her dominant shoulder's proximal humerus and a tear of her right shoulder's rotator cuff. Rincon claimed the injuries have left her with problems lifting things and reaching overhead.

Result

The case was settled at mediation for $300,000 with Michael Moorhead Esq. as mediator.