Case details

Passenger: Speeding bus’s accident caused jaw problems





Result type

Not present

back, dental, face, fractured teeth, head, jaw, lumbar, nose, sprain, strain, temporomandibular, TMJ
On Sept. 9, 2013, plaintiff Daniel Marshall, 24, an entertainment company’s standards-and-practices employee, was a passenger of a Los Angeles County Metropolitan Transportation Authority bus that was being driven by Nadia Banks. The bus was traveling in the number three, far right, bus lane of Wilshire Boulevard, in Los Angeles, when a truck carrying bottled water pulled out in front of it. Banks stopped and turned into the number two (middle) lane. When the bus was near the intersection with South Rampart Boulevard, a vehicle occupied by Kalvin Labutaong and Trinidad Labutaong changed lanes from the number one (far left) lane to the number two (middle) lane, causing Banks to suddenly apply the bus’s brakes. The bus rear-ended the Labutaong vehicle. During the course of events, Marshall struck his face on a bus pole and sustained to his jaw. Marshall sued Banks; the Los Angeles County Metropolitan Transportation Authority; the county of Los Angeles; the city of Los Angeles; the Labutaongs; and the owners of the bottled water truck, DS Services of America Inc. and DS Waters of America Inc. The Labutaongs were never brought into the case; Banks never appeared; and the city and county were removed from the case. The matter only continued against the transportation authority and DS Services (formally known as DS Waters). Marshall claimed that Banks was negligent for traveling at an excessive rate of speed, braking and swerving suddenly and that the Los Angeles County Metropolitan Transportation Authority was liable for Banks’ actions. The transportation authority’s counsel argued that the bottled water truck caused Banks to make a sudden, evasive maneuver. DS Services’ counsel argued that DS Services was not responsible because the bus had plenty of time to stop., Marshall sustained a contusion on the right side of his jaw, and he claimed he suffered sprains and strains to a wrist and his back. He was treated by paramedics and went to an emergency room. Marshall claimed that he was unable to open his mouth and that he developed permanent temporomandibular joint disorder and craze fractures in some of his teeth. He underwent dental treatment, and had injections to his wrist and back. Marshall claimed that he is unable to eat the same foods as he did before as a result of his jaw injury. He also claimed his wrist problems set him back in his guitar playing. Marshall further claimed that he would need additional treatment for his jaw. Marshall sought recovery of damages for his past and future pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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