Case details

Defense denied allegation of hanging onto moving bus

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, herniated disc, lower back
FACTS
On Nov. 2, 2010, at approximately 5 a.m., plaintiff Martin Luther King Aubrey, 47, a painter employed by the state, allegedly attempted to board a Los Angeles County Metropolitan Transportation Authority bus at the Slauson Avenue Station on Interstate 110 South. Aubrey claimed that while he was boarding the bus, the driver took off, causing him to hang onto the front entrance with the door open. He claimed the bus traveled 20 to 30 feet, reaching 30 miles per hour, before the driver stopped. Aubrey claimed he injured his lower back and suffered an aggravation of an umbilical hernia. Aubrey sued the Los Angeles County Metropolitan Transportation Authority. Aubrey alleged that the bus driver was negligent in the operation of the bus and that the transportation authority was liable for the driver’s actions through the course and scope of the driver’s job. Aubrey’s son testified that he witnessed the incident and that it occurred as his father described. Defense counsel disputed liability, arguing that Aubrey’s claim was a total fabrication. The subject bus driver denied the incident ever occurred. The transportation authority claimed that it was impossible for a bus to reach speeds of 30 mph in the span of 20 to 30 feet and that no one would drive a bus with the door open on a freeway. Defense counsel further argued that multiple inconsistencies existed between the testimonies of Aubrey, Aubrey’s son, and Aubrey’s wife., On the evening of the alleged incident, Aubrey went to an emergency room, where he presented with lower back pain. He then followed up with an osteopath in April 2011 and was diagnosed with a herniated disc at L4-5. He went on to treat with physical therapy and epidural injections, and stopped treating in July 2012. Aubrey also underwent surgery for an umbilical hernia, which he claimed was related to the subject incident. Aubrey claimed that he still experiences residual lower back pain and that he is now restricted in several activities of daily living. He also claimed that a lumbar laminectomy was recommended. Thus, Aubrey sought recovery of $64,000 in past medical costs, $100,000 in future medical costs, and $450,000 in damages for his pain and suffering. Defense counsel disputed the nature and extent of Aubrey’s alleged and damages. Counsel contended that any back issues Aubrey had were due to a pre-existing condition caused by degeneration and/or from multiple, prior back . Defense counsel argued that Aubrey suffered from an underlying degenerative disc disease, which was well documented in MRIs prior to the subject accident. Counsel further argued that after the initial E.R. visit, Aubrey did not treat again for two to three months and that any further injury complaints were unrelated to the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case