Case details
Bus driver struck man during unsafe turn, lawsuit alleged
SUMMARY
$17000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
crush injury, disfigurement, fibula, fracture, leg, limp, scar, tibia
FACTS
On June 28, 2017, plaintiff Brian Garcia, 18, a video game programmer, was standing on the corner of Old Depot Plaza Road and Lassen Street, in Chatsworth. When the traffic signal indicated it was safe to walk, Garcia stepped onto the roadway and was struck by a Los Angeles County Metropolitan Transportation Authority bus operated by Dhennis Devera, who was making a left turn from Old Depot Plaza Road onto Lassen Street. The bus ran over Garcia’s left leg, crushing it. Garcia sued Devera and the Los Angeles County Metropolitan Transportation Authority. Garcia alleged that Devera was negligent in the operation of the bus and that the transportation authority was vicariously liable for Devera’s actions while in the course and scope of his employment as a bus driver. Plaintiff’s counsel contended that Devera made an unsafe left turn while Garcia was in the crosswalk, causing the accident. Devera denied seeing Garcia prior to making his left turn. Defense counsel denied the defendants were liable for the accident and asserted that Garcia was at fault., Garcia sustained crush of his left leg, including fractures of the left tibial shaft and fibular shaft. The fractures were so severe that the tibial and fibular shafts were displaced and broken into fragments. Garcia also suffered an avulsion fracture of the calcaneal tendon, also known as the Achilles tendon. Garcia was taken to a hospital, where he remained for nearly four months, during which time he underwent a total of 12 surgeries. Garcia claimed that he now walks with a slight limp and that it is difficult for him to run or walk long distances. He contended that he can keep working, but that his wounds and scars are permanent. Garcia sought recovery of damages for past and future pain and suffering. Defense counsel disputed the nature and extent of Garcia’s alleged damages and contended that Garcia’s had resolved.
COURT
Superior Court of Los Angeles County, Chatsworth, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
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- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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