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Personal Injury
Dangerous Condition of Public Property
Train Accident

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

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Thomas J. Molta


Defendant

Mark T. Brisebois


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


#93951

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