$1M Settlement for Pedestrian Struck in LA Signal Failure
Table of Contents
Case Background
This legal action followed a severe motor vehicle collision involving a pedestrian that occurred on December 8, 2022. The incident took place at approximately 6:20 a.m. at the intersection of Sepulveda Boulevard and Victory Boulevard in Los Angeles. Zoila Moran De Alfaro was standing at the northeast corner of the intersection and began walking westbound in a marked crosswalk after observing the pedestrian "walk" signal. At that same time, Gilberto Cabrera was driving a 1997 Toyota T100 northbound on Sepulveda Boulevard and struck Ms. De Alfaro within the intersection.
Cause
The primary cause of the accident was a reported malfunction in the intersection’s traffic and pedestrian control signals. The complaint alleged that the system failed by simultaneously giving both the pedestrian and the driver the right of way. This error created what the Plaintiff’s counsel described as a "concealed trap" for those using the crosswalk. The lawsuit further pointed to dangerous road conditions, including defective signage, inadequate lighting, and a failure by public entities to address known hazards or previous complaints.
Injury
The high-impact crash resulted in severe physical trauma for Ms. De Alfaro. Her medical evaluations revealed several major injuries, specifically a fracture in her right shoulder and a tear in her right rotator cuff. Additionally, the impact caused an ACL tear in her knee. The legal filings stated that these injuries would lead to permanent disability and caused her significant physical, mental, and emotional suffering.
Damages Sought
Ms. De Alfaro pursued comprehensive financial compensation for the harm she endured. She sought general damages for her past and future pain and suffering. Her economic demands included the recovery of all medical expenses related to her surgeries, hospitalizations, and ongoing care. Furthermore, she requested damages for her lost earnings and the loss of her future capacity to earn a living due to her physical limitations.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Zoila Moran De Alfaro
Counsel for Plaintiff(s): Adam Shea | Ryan A. Casey | Nicholas W. Yoka | Joseph Pourshalimy
Defendant(s): City of Los Angeles | County of Los Angeles | State of California (Department of Transportation) | Gilberto Cabrera
Counsel for Defendant(s): Erin E. Holbrook | Jerald M. Montoya | Steven D. Dadaian | Erick L. Solares | Julie A. Del Rivo | Kirsten R. Bowman | Mark A. Berkebitle | Manal H. Pelch
Key Arguments or Remarks by Counsel
Claims
The Plaintiff's legal team focused on the "Dangerous Condition of Public Property" under California law. They argued that the City, County, and State failed in their mandatory duty to maintain a safe roadway. The attorneys alleged that the public entities had actual or constructive knowledge of the signal defects but did not take reasonable steps to protect the public. They also brought a negligence claim against the driver, Gilberto Cabrera, asserting he failed to operate his vehicle safely despite the signal error.
Defense
The California Department of Transportation (Caltrans) filed a formal answer denying all allegations of wrongdoing. Their legal team presented several key defenses to avoid liability:
Comparative Negligence: They argued that the accident was caused by the carelessness of the Plaintiff herself, the driver, or other third parties. They requested that any financial award be reduced based on the Plaintiff's own percentage of fault.
Assumption of Risk: The state contended that Ms. De Alfaro accepted the inherent hazards of the roadway when she chose to cross.
Statutory Immunity: Caltrans claimed immunity under the California Government Code, arguing that their employees' actions involved the exercise of discretion and were reasonable under the circumstances.
Settlement
The parties resolved the litigation through a settlement agreement rather than a trial. The Defendants agreed to a settlement of $1,000,000 to conclude the case. This award covered Ms. De Alfaro's extensive medical bills, lost wages, and the life-altering trauma she suffered because of the intersection’s dangerous condition and the resulting collision.
Court documents are available upon request at jurimatic@exlitem.com