Case details

Passenger claimed bus crash caused injuries to face





Result type

Not present

deviated septum, face, facial laceration, fracture, nose
On Aug. 22, 2015, plaintiff Emanuele Brenco, 23, a student, was a passenger on a Los Angeles Metro bus when the bus driver, Tieria Montgomery, lost consciousness, ran off the road and struck a tree. Brenco sustained to his face. Brenco sued Montgomery and Montgomery’s employer, the Los Angeles County Metropolitan Transportation Authority. Brenco alleged that Montgomery was negligent in the operation of the bus and that the Los Angeles County Metropolitan Transportation Authority was vicariously liable for the driver’s actions. Montgomery was ultimately dismissed from the case. Defense counsel initially denied that the Los Angeles County Metropolitan Transportation Authority was liabile, asserting that Brenco was at least partially to blame for his by standing up on the bus while texting and not holding on, thereby causing him to sustain his . However, the Los Angeles County Metropolitan Transportation Authority later admitted liability for the accident shortly before trial. At the close of evidence, Judge Lia Martin found that Brenco was not negligent and granted plaintiff’s counsel’s motion for a directed verdict as to liability. Thus, only the remaining issue as to damages was submitted to the jury., Brenco suffered a forehead laceration, a nasal fracture, and various bruises and strains. He was subsequently taken to a hospital. However, he did not have any treatment or surgery at that time. Brenco claimed that he has no limitations, but that he has soreness in a knee when he plays soccer. He also claimed that he is left with a 3 centimeter scar on his forehead. The plaintiff’s treating otolaryngologist testified that he recommended procedures to repair Brenco’s nasal fracture and deviated septum, and to revise the forehead scar. The plaintiff’s treating orthopedic surgeon recommended an arthroscopy to address Brenco’s discomfort in the knee. Brenco sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel disputed the cost of the future procedures. The defense’s examining orthopedic surgeon testified that Brenco had healed completely and required no future treatment. The defense’s expert otolaryngologist attempted to testify that the future nasal surgery could be done more cheaply with a “cash discount,” but Martin granted plaintiff’s counsel’s objection and excluded that testimony as lacking foundation.
Superior Court of Los Angeles County, Alhambra, CA

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