Case details

Bus’s driver didn’t notice bicyclist, plaintiffs claimed

SUMMARY

$21600000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On May 5, 2017, plaintiffs’ decedent Ciara Smith, 13, was bicycling on the southbound side of Pacific Coast Highway, alongside its intersection at Knob Hill Avenue, in the city of Redondo Beach. She was struck by a transit bus that was being driven by Francine Murphy. Ciara was propelled onto the roadway, and she fell beneath the bus. She suffered a fatal injury. Ciara’s parents, Barry Smith and Rose Smith, acting individually and on Ciara’s behalf, sued Murphy; the companies believed to be the bus’s owners and Murphy’s employers, the Los Angeles Metropolitan Transit Authority and MV Transportation Inc.; and two entities believed to be the intersection’s maintainers, Los Angeles County and the state of California. The lawsuit alleged that Murphy was negligent in the operation of her vehicle, that the Los Angeles Metropolitan Transit Authority and MV Transportation were vicariously liable for Murphy’s actions, that the Los Angeles Metropolitan Transit Authority and MV Transportation were negligent in their training of Murphy, and that Los Angeles County and the state of California negligently created a dangerous condition that caused, or contributed to, the accident. In a separate filing, Barry Smith and Rose Smith, acting individually and on Ciara’s behalf, sued another entity that was believed to be the intersection’s maintainer, the city of Redondo Beach. The lawsuit alleged that the city negligently created a dangerous condition that caused, or contributed to, the accident. The lawsuits were consolidated. Los Angeles County and the Los Angeles Metropolitan Transit Authority were dismissed, and plaintiffs’ counsel negotiated settlements of the claims against the state of California and the city of Redondo Beach. The matter proceeded to a trial against Murphy and MV Transportation. Plaintiffs’ counsel contended that Murphy failed to exercise due caution and maintain a proper lookout for bicyclists. Defense counsel contended that Murphy was safely operating the bus and was not responsible for the accident. Defense counsel noted that video footage of the accident established that Ciara entered the roadway without having checked traffic. An investigating police officer concluded that Ciara was solely liable for the accident. Defense counsel also argued that dangerous conditions also contributed to the accident. Defense counsel contended that the intersection’s sidewalks had been constructed in a dangerous manner that delivered pedestrians and bicyclists directly into traffic, rather than a parking lane or shoulder. Ciara had entered traffic from a curb ramp that ended at the right southbound lane of Pacific Coast Highway. Defense counsel claimed that the impact occurred within five feet of the ramp’s mouth. The ramp had been constructed by the state. Defense counsel further claimed that the impact occurred in a crosswalk whose lines had faded to a degree to which they were barely visible., Ciara was propelled beneath the bus. She died at the scene of the accident. Ciara, 13, was survived by her parents. The plaintiffs’ sought recovery of wrongful-death damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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