Emelita Agueda v. H&C Paradise Tours Inc., Kim Youg, Linna Huie Hom
Published: Apr. 19, 2014 | Result Date: Feb. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: VC061765 Verdict – Defense
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Stephen M. Ziemann
(Early Maslach & Hartsuyker)
Facts
Emelita Agueda filed an action against H&C Paradise Tours Inc., Kim Yong and Linna Hom based on injuries she suffered during a fall. The court dismissed Hom.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Sept. 26, 2011 she was on a bus trip going to Valley View Casino. The trip was through defendant H&C Paradise Tours, which is owned by defendant Linna Hom. The bus stopped at a parking lot in Bellflower to take on additional passengers that had been transported to that location by an H&C van driven by defendant Kim Yong. Meanwhile, Agueda got off the bus and started walking to a restroom when, she claimed Yong drove the van toward her at a high rate of speed. Plaintiff claimed that although the van stopped before it struck her, she became so frightened that as she attempted to walk away her legs were shaky and she fell.
DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff's version of events was untrue and that she fell because of other causes. They asserted witnesses did not see the van drive near plaintiff and only observed her on the floor.
Injuries
Agueda suffered a compound fracture, wrist fracture, internal fixation and open reduction. Plaintiff had residual problems with her wrist and was going to need a second surgery to her wrist.
Result
The jury returned a defense verdict because it determined defendants did nothing negligent.
Other Information
FILING DATE: Aug. 17, 2012.
Deliberation
one hour
Length
four days
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