Larry G. Rivas v. Metropolitan Transit Development Board
Published: Jan. 23, 1999 | Result Date: Nov. 12, 1998 | Filing Date: Jan. 1, 1900 |Case number: 714006 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald R. Doss
(technical)
Facts
On Sept. 14, 1996, plaintiff Larry Rivas, a 48-year-old student took a short cut through a high speed railroad right-of-way and attempted to enter a trolley station designed, built and owned by defendant Metropolitan Transit Development Board. San Diego Trolley, Inc., operated a light rail transit system using the tracks and station built by the defendant. The Trolley was dismissed before trial under to the statute of limitations. As plaintiff ran around a fence, he was struck by a southbound trolley as it pulled into the station. The plaintiff brought this action against the defendant based on a dangerous condition of public property theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $80,000. The defendant made no offer.
Specials in Evidence
$21,582.98 $10,000 - $12,000
Damages
The plaintiff asked the jury for $300,000 in damages plus specials.
Injuries
The plaintiff suffered a right leg degloving injury from knee to thigh with significant patellofemoral arthrosis, degenerative changes about the medial meniscus and a possible tear to the lateral meniscus requiring a partial medial meniscectomy and a lateral retinacular release.
Other Information
The verdict was reached approximately one year and two months after the case was filed. This matter was arbitrated in July 1998 which resulted in a finding of $150,000 in damages, 75% plaintiff comparative negligence for a net award of $37,500 which was rejected by plaintiff.
Deliberation
one hour
Poll
9-3 (no dangerous condition)
Length
2½ days
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