Case details
Overhanging mirror on train fatally struck son, mom claimed
SUMMARY
$875000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
blunt force trauma to the head, head
FACTS
On April 1, 2011, plaintiff’s decedent Ryan Williams, 33, a part-time fast food worker, was standing on the Los Angeles County Metropolitan Transportation Authority platform located at Long Beach Boulevard and Pacific Coast Highway when he was fatally struck by some part of a southbound Blue Line train. Williams was transported from the scene, but he ultimately died at a hospital several days later. William’s mother, Kathleen Silva, sued the Los Angeles County Metropolitan Transportation Authority and the train’s operator, Linda Lawson. Silva claimed that Williams was struck by the train’s mirror, which extended over the platform. Plaintiff’s counsel contended the LAMTA negligently created a dangerous condition by allowing the mirror to extend over the platform and failed to warn of this dangerous condition. Counsel further contended that the operator was negligent for failing to recognize the danger presented by Williams’ presence and for failing to stop or slow the train before she did. In addition, plaintiff’s counsel presented evidence that Williams was developmentally disabled, but Silva claimed that she had told Williams on a number of occasions not to stand too close to the edge of the platform. Defense counsel noted that there was no tissue or blood transfer to the mirror and that the mirror was not pushed inward by the alleged contact. Counsel also introduced surveillance video of the incident, and contended that Williams was standing dangerously close to the edge of the platform and placed his head in a position beyond the edge of the platform, where it could be struck by a part of the train. In addition, defense counsel asserted that design immunity for the mirror and the platform completely barred the plaintiff from recovering from the LAMTA., Williams was struck by some part of the train, sustaining blunt force trauma to his head. He was subsequently transported to a hospital, where he died several days later. He was 33. Thus, Williams’ mother, Silva, sought recovery of wrongful death damages for the death of her only son.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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