Case details
Inattentive bus driver dragged man across intersection: suit
SUMMARY
$2000000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, cervical, glenoid labrum, lumbar, neck, neurological, radicular pain, radiculitis, shoulder, tear
FACTS
On Dec. 7, 2017, plaintiff Fernando Gomez, 69, a repairman, was at a bus stop on the corner of Santa Monica Boulevard and Vermont Avenue, in Los Angeles. A transit bus driven by Alberto Fred arrived. Gomez placed his left foot on the bus as he attempted to board it, but the doors closed. As a result, his left leg became trapped inside the bus between the closed bus doors while his body remained outside. The bus pulled away from the stop, causing Gomez to be dragged across the intersection. Gomez sustained to his neck, back, legs and left shoulder. Gomez sued Fred and Fred’s employer, the Los Angeles County Metropolitan Transportation Authority. Gomez alleged that Fred was negligent in the operation of the bus and that the transportation authority was vicariously liable for Fred’s actions while in the course and scope of his employment. According to plaintiff’s counsel, the bus finally stopped once a witness informed Fred of the situation. Gomez’s counsel asserted that Fred was negligent for failing to be attentive and ensuring that all passengers were boarded before closing the doors and driving away. Defense counsel asserted that Gomez failed to make a timely government claim. Counsel also asserted that Gomez contributed to the incident, in that Gomez should have seen the doors closing and pulled out his foot., Gomez sought treatment the next day for the pain he had to his left leg and hip. It was determined that he had sustained bulging cervical discs at the C2-3, C4-5, C6-7, C7-8 and C8-T1 levels, as well as bulging lumbar discs to the L1-2, L3-4 and L5-S1 levels. However, he claimed that the most significant bulges were at the C4-5, L1-2 and L4-5 levels. He alleged that pain from his lower back radiated into his lower legs. Gomez also sustained a posterior glenoid labral tear to his left shoulder, resulting in left shoulder and neck pain. MRIs of his left shoulder also showed osteoarthritis. From December 2017 to April 2018, Gomez underwent three months of chiropractic treatment, which did not provide lasting relief. He then saw a pain management specialist for his radiating lower back pain, left shoulder pain, and neck pain. Gomez was prescribed medication and told to continue physical therapy. He then saw an orthopedic surgeon, who recommended a cortisone injection, but Gomez wanted to continue conservative treatment. However, after the conservative treatment failed to resolve his pain, and after receiving recommendations from multiple doctors, Gomez received a total of three epidural injections. Gomez claimed that the injections provided temporary relief, but that it was not long lasting. In September 2019, Gomez underwent a right sided L1-2 laminectomy with a partial facetectomy with decompression under general anesthesia, as recommended by a neurosurgeon. Gomez claimed that the surgery was successful with the exception of experiencing radiating pain in his left leg. As a result, the neurosurgeon recommended a decompression surgery for the L4-5 and L5-S1 levels. Gomez then underwent further MRIs of his lumbar and cervical spine, and the neurosurgeon recommended an anterior cervical discectomy and fusion at the C4-5 level. The neurosurgeon also recommended injections for Gomez’s hip pain. At the time of the incident, Gomez was not working as a repair person, but he continued to do odd jobs from time to time. After the accident, he decreased his work and eventually stopped working. Gomez sought recovery of past and future medical costs, past and future loss of earnings, and noneconomic damages for his past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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