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Personal Injury
Bus Incident
Common Carrier/Negligence

Cathline Garcia v. Los Angeles County Metropolitan Transportation Authority

Published: Sep. 30, 2006 | Result Date: Feb. 22, 2006 | Filing Date: Jan. 1, 1900 |

Case number: BC330942 Settlement –  $90,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Andrew L. Ellis
(Ellis Law Corp.)


Defendant

Barry Hassenberg
(Lewis, Brisbois, Bisgaard & Smith)


Experts

Plaintiff

Kyle Landauer
(medical)

Defendant

Arthur Kreitenberg M.D.
(medical)

Facts

The plaintiff, Cathline Garcia, 68, boarded the Los Angeles County Metropolitan Transportation Authority (LACMTA) bus on Grand Avenue near 30th Street in Los Angeles, in the rain. The bus driver pulled away from the curb and made a sudden stop while the plaintiff was looking for a seat which caused the plaintiff to fall and slide down the aisle.

Contentions

CONTENTIONS:
The plaintiff contended that the bus driver failed to use the utmost care in operating the bus. Had the bus driver used the utmost care, he would not have started moving the bus until the plaintiff was fully seated.

Specials in Evidence

$14,583.

Injuries

The plaintiff sustained an acute bimalleolar fracture on her left ankle, with a 4-5 mm displacement of the medial malleolus and 1-2 mm displacement of the lateral malleolus. She was diagnosed with cervical strain with radiculopathy, thoracic strain and lumbar strain with radiculopathy; status post open reduction and internal fixation.

Result

The case was settled on the first day of trial for $90,000.


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