Trial Magazine

As Fernando Gomez, 69, attempted to board a transit bus in Los Angeles, the bus’s doors closed, trapping his leg between the doors while his body was left outside. The bus pulled away, dragging Gomez across an intersection. He suffered bulging disks at C2-3, C4-5, C6-7, and C7-8. He also suffered bulging lumbar disks at L1-2, L3-4, and L5-S1 and a torn left shoulder.

Gomez’s injuries necessitated chiropractic care, pain management, and epidural injections. He later underwent spinal decompression surgery and a cervical diskectomy. A repairman, he stopped working due to his condition.

Gomez sued the Los Angeles County Metropolitan Transportation Authority, alleging liability for the bus driver’s negligent operation of the bus. The plaintiff asserted that the driver had been inattentive and failed to ensure that all passengers were onboard before closing the doors and pulling away.

The defense argued that Gomez should have pulled out his foot when he saw the bus doors closing.

The parties settled for $2 million.

Citation: Gomez v. Los Angeles Cty. Metro. Transp. Auth., No. 185STCV08696 (Cal. Super. Ct. Los Angeles Cty. May 4, 2021).

Plaintiff counsel: Hazel S. Chang, Los Angeles.