Case details

Plaintiff claimed unmaintained sign struck her, caused seizure

SUMMARY

$112000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, back, brain, cervical, concussion, emotional distress, head, lumbar, mental, neck, psychological, sprain, strain
FACTS
On Jan. 15, 2011, plaintiff Teresa Smith, 45, a dancer on disability, and her daughter, plaintiff Illiana Smith-Dobson, 16, a student, were riding a Los Angeles County Metropolitan Transit Authority bus along Budlong Avenue in Los Angeles. After the bus stopped at the intersection of W. Martin Luther King Boulevard, Smith and her daughter began to disembark when Smith was struck on the crown of her head by a metal pole and sign at the bus stop. She claimed the impact triggered a seizure, as well as caused to her head, neck and back. Smith and Illiana sued the sidewalk owner, the city of Los Angeles, and the maintainer of the bus stop, the Los Angeles County Metropolitan Transit Authority. They alleged that the defendants negligently maintained the sign pole, creating a dangerous condition of public property. Plaintiffs’ counsel contended that the subject sign pole was in a state of serious disrepair, as it was severely rusted and had not been properly maintained since being installed in the 1980s. Counsel contended that the transit authority was given immediate notice of the incident and disposed of the sign pole, destroying evidence. However, Smith claimed that there were several witnesses to the incident, including her daughter. Defense counsel contended that the pole was properly maintained, and did not simply come down on its own or due to rust. Thus, counsel contended that something other than rust caused the pole to fail, including possible vandalism., Following the accident, Smith was taken by ambulance to an emergency room. She claimed she suffered a concussion, along with a seizure triggered by the impact. Smith was subsequently treated by physicians for an epileptic fit and remained hospitalized for four days. However, she claimed she dealt with extreme fatigue from the treatment, requiring her to use a walker for a few days. Smith also claimed that the accident caused soft-tissue strains and sprains to her neck and back, for which she treated with a neurologist and underwent chiropractic care. Smith claimed she was unable to teach dance for four months, before returning to limited duty. She alleged that she still deals with residual pain and discomfort in her neck and back, restricting all physical activity. She claimed that as a result, she will require additional care for her orthopedic , consisting of steroid injections and further chiropractic care. Smith further alleged that her and the stress she suffers in relation to the accident make her more prone to seizures. In addition, Smith and Illiana each claimed emotional distress due to the incident, and sought psychiatric treatment for bouts of anxiety. Thus, Smith claimed roughly $50,000 in past medical costs, and both plaintiffs sought recovery of damages for their respective future medical expenses, and past and future pain and suffering. Defense counsel contended that Smith’s seizure disorder was related to her pre-existing seizure disorder, and that it was no different after the accident than it was before. Counsel also contended that any neck and back complaints by Smith were due to degeneration of the spine, worsened by her career as a dancer, and that the injury complaints were not related to the subject accident.
COURT
Superior Court of Los Angeles County, Central, CA

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