Facts

On Dec. 19, 2005, plaintiff Rhoda Bailey Wolf Jr. aka Dodie Marshall, a 70-year-old schizophrenic, was riding on a bus operated by defendant Los Angeles County Metropolitan Transportation Authority (MTA), traveling west on Wilshire Boulevard toward Doheny in Beverly Hills. Plaintiff fell when the driver pulled away from the Doheny bus stop. She testified that she was thrown to the floor by terrorists wearing red shirts.

Through her conservator, Norine Boehmer, plaintiff sued defendant for negligence. Plaintiff filed a separate lawsuit for elder abuse against the hospital, rehab facility, and doctor who cared for her during hip replacement surgery.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the driver lurched forward, then slammed on the brakes while leaving the bus stop, causing plaintiff to fall. The driver pulled away at an angle to effectuate a lane change, which was in violation of MTA policies, and then slammed on the brakes without cause.

DEFENDANT'S CONTENTIONS:
The defendant contended the driver never slammed on the brakes. One witness testified plaintiff was walking around on the bus before the bus even reached the Doheny stop, then fell on her own. Defendant further stated that plaintiff was an elderly woman suffering from severe schizophrenia, which undermined her credibility as a witness.

The defense medical expert testified that plaintiff had fully recovered from the fall.

Specials in Evidence

$20,313

Injuries

The plaintiff suffered multiple injuries, including fractured hip, decubitus ulcers malnutrition, dehydration and clostridium difficile.

Result

The parties agreed to a $750,000 settlement, presided over by Michael Moorhead of Judicate West.