Bernardo Gamboa, Azucena Gamboa, Mayte Gamboa, Paola Gamboa Banda v. Hermosa Beach Towing, Estate of Yousef A. Adhami, New Flyer of America Inc., New Flyer Industries Canada ULC, and Does 1 through 20, inclusive
Published: Nov. 26, 2016 | Result Date: Oct. 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC522282 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
James G. O'Callahan
(Girardi & Keese)
Defendant
David G. Molinari
(Gilbert Kelly Crowley & Jennett LLP)
Matthew S. Jones
(Freeman, Mathis & Gary LLP)
Facts
On June 12, 2013 Olivia Gamboa was driving a Los Angeles Metropolitan Transit bus that was struck by a tow truck driven by Yousef Adhami. Gamboa suffered fatal injuries. The collision occurred on the westbound side of 5th St. in Los Angeles.
Plaintiffs were Gamboa's daughters and husband. The complaint was amended to add various defendants, including Cubic Transportation Systems Inc.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Adhami negligently operated his tow truck by speeding through a red light. It claimed that Cubic Transportation Systems was liable because the handrails and fare collection box inside the bus next to the front doors were defectively designed.
Plaintiffs asserted causes of action for strict product liability-design and manufacturing defect, failure to warn, and negligence.
DEFENDANT'S CONTENTIONS:
Cubic Transportation Systems denied liability, arguing that plaintiffs were unable to establish that it owed any duty or that there was any defect.
Result
The court granted Cubic Transportation Systems' motion for summary judgment.
Other Information
FILING DATE: Sept. 23, 2013.
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