Case details

Improper supervision of bus driver caused accident: plaintiff





Result type

Not present

below-the-knee, hardware implanted amputation, infection, leg, pins, plate, rods, screws
On March 22, 2017, plaintiff Enrique Quinero, 50, a laborer, was working in a closed lane of traffic on Wilshire Boulevard, in Santa Monica. As he was kneeling to remove asphalt that was covering a metal water crossing that was planned to be removed, a 60-foot accordion bus, which was being operated by Paulo Vianna, drove next to the closed lane where Quinero was kneeling. Vianna was a trainee, and he had an instructor driver in the city of Santa Monica’s Big Blue Bus supervising him. However, Vianna drove too close to the right side of the road and struck a portion of the water crossing equipment that was affixed to the sidewalk, dislodging the equipment and causing it to become trapped under the moving bus. As a result, a plate from the trapped equipment whipped into the area where Quinero was working, and it trapped Quinero’s right leg, dragging him down. Quinero sustained to his right leg. Quinero’s insurer, American Zurich Insurance Co. sued Paulo Vianna (who was initially erroneously sued as “Paula” Vianna) and Vianna’s employer, the city of Santa Monica. Quinero (who was initially listed as Enrique “Quintero” on the court documents) also brought a separate suit against Vianna and the city. The matters were ultimately consolidated. Quinero and his insurer alleged that Vianna was negligent in the operation of the bus and that the city was vicariously liable for Vianna’s actions. They also alleged that the instructor was negligent in the supervision of Vianna and that the city was liable for the instructor’s actions. Plaintiff’s counsel contended that Vianna’s inattention caused the accident and that the instructor failed to properly supervise Vianna. The city denied any wrongdoing and denied the plaintiffs’ assertions that the city was negligent., Quinero sustain traumatic to his right leg and ultimately had to have it amputated below the knee. Immediately following the accident, Quinero was taken to a hospital, where he underwent emergency surgery to try to save his right leg. He endured muscle grafts, skin grafts, and the placement of plates and screws. However, the wound never healed properly, and Quinero was hospitalized several times for infections. Due to the severity of his injury, Quinero eventually underwent the below-the-knee leg amputation. Quinero claimed he suffers from emotional distress as a result of both the accident and the loss of his right leg. Quinero sought recovery for his past and future medical costs, past and future loss of wages, and past and future physical and emotional pain and suffering. His wife, Alma Quinero, presented a derivative claim seeking recovery for her loss of consortium.
Superior Court of Los Angeles County, Los Angeles, CA

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