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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