Facts

On Nov. 29, 2007 at 9 p.m., just after being let off a Los Angeles County Metropolitan Transportation Authority (LACMTA) bus at the intersection of Adams and Grand in Los Angeles, and while allegedly walking in a marked crosswalk at that same intersection, plaintiff Jerell Logan, 21, was struck by the bus from which he had just gotten off. The plaintiff was taken from the scene of accident by ambulance.

The police report found the bus driver to have been the primary cause of the accident by violating California Vehicle Code section 21451(a), which requires the driver yield to pedestrians lawfully in the intersection. The bus driver was later fired by LACMTA following the finding that this was an avoidable accident.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that this was a case of clear liability and that there was no issue of comparative negligence; and that any arguments to the contrary by the defendant would carry no weight before a jury. While LACMTA driver, Armando Vallejo, said in deposition that plaintiff was not in the crosswalk when struck, the physical evidence was to the contrary.

DEFENDANT'S CONTENTIONS:
The defendant argued comparative negligence based upon allegations that plaintiff ran into the bus because he was on his cellular phone and was not paying attention. Defendant further argued that plaintiff was not in the crosswalk when he came into contact with the bus, and that all debris consisting of plaintiff's personal belongings was located outside the crosswalk. The police report was unreliable and inaccurate since all measurements reflected in the report were taken by pacing rather than by a roller tape, and did not take into account the fact that the bus had been moved after the incident.

Specials in Evidence

$249,000

Injuries

The plaintiff suffered crush/degloving injury to his left leg, including partial skin necrosis; an open fracture to his tibial plateau, including, a complete avulsion from his mid left thigh to left mid shin; detachment of bone fragment and cartilage from the femur; open fracture of the left knee and left knee medial collateral ligament tear. The plaintiff claimed that future medical specials included total knee replacement and four surgeries for reconstructive and plastic surgery to repair leg scarring.

Result

The case settled for $3.3 million.