Case details

College denied liability for student’s fall in transport van

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, chest, fracture, lumbar, rib, strain
FACTS
On July 31, 2014, plaintiff Fatemeh Kermani, 59, a student, was a passenger in a van that transported her from Los Angeles ORT College, where she attended class, to her home in Van Nuys. As she walked toward the van’s door to exit the van, she tripped on a seat leg and fell against the door. The door opened, and she landed outside on the pavement. Kermani claimed that she suffered of her back, a lung and several ribs. Kermani sued the van’s owner, Best Way Transportation; its owners, Danny Osmanyan and Karine Osmanyan; another company owned by Mr. Osmanyan, Shubaralyan Group Inc.; and the operator of Los Angeles ORT College, Los Angeles ORT Technical Institute Inc., which had a contract with Best Way Transportation to provide van services for students. Kermani alleged that the van driver was negligent and improperly trained by Best Way Transportation and the Osmanyans and that Los Angeles ORT was vicariously liable for the other defendants’ actions. The Osmanyans settled their case for undisclosed terms prior to trial, and the Shubaralyan Group was dismissed before trial. The matter proceeded to trial against Best Way Transportation and Los Angeles ORT. Plaintiff’s counsel noted that Mr. Osmanyan testified that Best Way Transportation’s policy was for drivers to assist passengers out of the van, but that the van’s driver failed to comply with that policy because the driver was poorly trained. Counsel also contended that the driver did not receive any lengthy safety training and that, instead, the driver just shadowed another driver for a week before starting the job. Kermani’s biomechanics expert testified that the van’s tinted windows and darker lighting made it difficult for Kermani to see where she was walking and that this caused Kermani to trip on the seat leg. Plaintiff’s counsel argued that the darker conditions made it even more important for the driver to escort Kermani off the van. Plaintiff’s counsel sought a default judgment against Best Way Transportation, as it did not have an attorney present at trial. However, the jury was still asked to determine whether that company was negligent. Counsel also maintained that Best Way Transportation was an agent of Los Angeles ORT and argued that the college was responsible for any negligence by its contractor. Defense counsel contended that the van was stopped at the time of the fall and that Kermani had ridden the van four times a week for five months prior to the fall, so Kermani should have been aware of the layout of the seats. Counsel also disputed Kermani’s claim that the van was too dark, noting that there were 15 windows on the van and that the accident took place in broad daylight. Defense counsel argued that Kermani was liable for her fall. Los Angeles ORT’s counsel argued that if anyone else was liable for the fall besides Kermani, it was Best Way Transportation. Counsel maintained that the contract between Best Way Transportation and Los Angeles ORT did not call for Best Way Transportation to provide negligent transportation services and that any alleged negligence by Best Way Transportation was outside the scope of its agency. However, defense counsel argued that Los Angeles ORT had no notice of any training issues or other problems with its contractor and noted that there had been no reports of any prior accidents, driver errors, or serious complaints prior to the accident., Kermani was placed in an ambulance, and she was transported to a nearby hospital. She was diagnosed with a lumbar strain and general forearm pain. She was treated and released. Two weeks later, Kermani returned to the hospital, complaining of shortness of breath. Tests revealed four fractured ribs, one of which punctured a lung. She remained in the hospital for a week so that doctors could monitor her and help her with her breathing. Kermani then had several follow-up appointments over the next two or three months. Kermani claimed that she still has shortness of breath that limits her endurance. She claimed that her condition makes it harder for her to walk long distances, dance, lift heavy items or go shopping. Kermani sought recovery of $9,338.20 in past medical expenses, and the defense stipulated to that amount. Kermani also sought recovery of damages for her past and future pain and suffering. Her counsel asked the jury to award $3 million in total damages. Defense counsel pointed out that approximately one year after the accident, Kermani was involved in another fall, during which Kermani re-fractured one of her ribs. Counsel argued that any residual symptoms Kermani has are due to the subsequent fall.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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