LA public bus stops in middle of street instead of at curb for exiting passenger. $5.7M. Los Angeles County.

Facts and Background

• Facts and Background:

  On August 9, 2020, at approximately 7:25 p.m., plaintiff was a passenger on Metro Bus No. 111, operated by defendant driver in the course of his employment with the Los Angeles County Metropolitan Transportation Authority (LACMTA). Upon requesting to exit the bus, plaintiff expected it to stop at the curb, consistent with LACMTA protocol and his prior experience. Instead, defendant driver opened the rear doors while the bus was stopped in the middle of Florence Avenue – a full lane away from the curb – without providing any warning to plaintiff or other passengers. As plaintiff stepped off the bus, he was immediately struck by a passing vehicle, sustaining significant injuries including a shattered knee, fractured ankle, and broken teeth.

• Plaintiff's Contentions:

  Plaintiff contended that both LACMTA and defendant driver Albertazzi , as common carriers, owed plaintiff the highest duty of care, and that multiple failures directly led to the incident.

  Commercial bus operations expert Robert Berkstresser testified that Albertazzi violated four key LACMTA safety protocols: 1. Failure to pull the bus within 6–18 inches of the curb; 2. Failure to check mirrors for passenger safety before opening the doors; 3. Failure to warn passengers of hazards before allowing them to exit; and 4. Failure to pull the bus to the curb when a passenger requested to exit outside of a designated stop.

  Plaintiff further emphasized that LACMTA’s own policies, corroborated by its Person Most Knowledgeable, Shonda Breland, clearly require drivers to stop at the curb to ensure passenger safety. No evidence was presented that any hazard or obstruction prevented Albertazzi from doing so. The vehicle that struck McElrath was not a party to the case.

  Defendants had claimed the incident was a hit-and-run, but video surveillance footage showed otherwise – the driver of the vehicle stopped, exited the car, and walked over to plaintiff after the impact.

  Plaintiff presented evidence that he required multiple surgeries and extensive rehabilitation and will need future medical care, including a total knee replacement. Medical and billing experts testified that his total damages, including future treatment, exceeded $1 million. At trial, plaintiff requested that the jury award $8,603,668 in total damages, including compensation for past and future medical expenses, as well as past and future pain and suffering.

• Defendant's Contentions:

  Defendants LACMTA and Robert Albertazzi denied negligence and argued that plaintiff was solely responsible for the incident. They contended that plaintiff failed to observe his surroundings and voluntarily stepped into an active lane of traffic after exiting the bus. The defense maintained that the bus was lawfully stopped and that Albertazzi’s conduct met the applicable standard of care. LACMTA further emphasized that the vehicle that struck plaintiff fled the scene and was never identified, characterizing the incident as a hit-and-run.

  The defendants argued that they should not be held liable for the unforeseeable criminal conduct of a third-party driver who was not part of the trial.

  On damages, the defense did not dispute that plaintiff sustained injuries, but strongly challenged the scope of future treatment and costs. Their medical expert, Dr. Kreitenberg, opined that while plaintiff had experienced a difficult recovery, he would not require a knee replacement or future surgeries, and that his condition could be managed with over-the-counter medication and stretching. Defense billing expert Mr. Adams further argued that the reasonable value of plaintiff’s past medical care was only $103,000, and future care would not exceed $13,000 – a sharp contrast to plaintiff’s estimate exceeding $1 million.

  At trial, LACMTA urged the jury to award no more than $380,000 – and only if liability were found – in total damages, including compensation for past and future medical expenses, as well as past and future pain and suffering.