Facts

Plaintiff Kathleen Silva's son, Ryan Williams, 33, was fatally struck in the head by a southbound Blue Line train while standing on the Los Angeles County Metropolitan Transportation Authority (LACMTA) platform at Long Beach Boulevard and Pacific Coast Highway on April 1, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the decedent was struck by the train's mirror, which extended over the platform. Plaintiff further alleged a failure to warn and negligent operation of the train by the train operator.

DEFENDANT'S CONTENTIONS:
Defendant produced surveillance video of the incident and alleged that the decedent was standing dangerously close to the edge of the platform and extended his head over the platform edge where it could be struck by a part of the train other than the mirror. There was no evidence of tissue or blood transfer to the mirror and the mirror was not pushed inward by the alleged contact. Plaintiff presented evidence that the decedent was developmentally "slow" but his mother admitted to telling him on a number of occasions not to stand that close to the edge.

Defendant further alleged design immunity as a complete bar to any recovery.

Settlement Discussions

Demand of $2.5 million, according to defense.

Damages

Plaintiff claimed wrongful death damages (non-economic damages only).

Result

The case settled for $875,000 at mediation.