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Personal Injury
Premises Liability
Dangerous Condition of Public Property

Richard Nesbitt v. Los Angeles County Metropolitan Transportation Authority

Published: Jan. 28, 2012 | Result Date: Sep. 19, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC403503 Verdict –  $2,539,400

Court

L.A. Superior Central


Attorneys

Plaintiff

Minh T. Nguyen
(Nguyen Theam Lawyers LLP )

Jeffrey S. Pop


Defendant

James V. Reiss


Facts

On Dec. 30, 2007, Richard Nesbitt was at the 7th Street Metro Station of the Red Line train in Los Angeles. A Metropolitan Transportation Authority train struck and pulled Nesbitt when his foot was caught inbetween a boarding platform and train as the train moved forward. Nesbitt filed suit against the Los Angeles Metropolitan Transportation Authority.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the train's departure and operation was negligent. Specifically, he claimed that employees failed to check to see if passengers were near the train on the boarding platform before moving the train.

Result

The jury awarded plaintiff $5,328,619, which was reduced to $2,539,403, plus $17,295 in costs, following the court's application of comparative negligence principles.

Other Information

FILING DATE: Dec. 10, 2008.


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