$1M Settlement in Los Angeles Bicycle Injury Case
Table of Contents
Case Background
On November 5, 2021, Plaintiff Alejandro Alonso rode his bicycle near Mascarell Avenue and Chatsworth Drive in Los Angeles. A City sanitation tractor approached the intersection. Defendant Cesar Corona operated the tractor within his employment. Plaintiff traveled lawfully on a public roadway. The incident occurred in Los Angeles County, under the Spring Street Courthouse’s jurisdiction.
Cause
The sanitation tractor struck Plaintiff’s bicycle. Consequently, Plaintiff fell and went under the tractor. Plaintiff alleged Defendant Corona carelessly operated, controlled, inspected, and drove the vehicle. He further alleged the City, County, and State negligently owned, maintained, inspected, and supervised the tractor and its operator. Moreover, he cited Vehicle Code violations, including sections 21453, 21703, 22350, 23103, and 21760. He also alleged vicarious liability under Government Code §§ 815.2(a) and 820(a).
Injury
Plaintiff suffered a traumatic brain injury. He sustained fractures in both legs, including a surgically treated left leg fracture. He underwent right foot surgery. He reported upper and lower back injuries. He also lost teeth. These injuries restricted daily activities and work capacity. Medical providers evaluated and treated him.
Damages
Plaintiff sought economic damages for past medical bills and future care. He requested lost wages and loss of employee benefits. He also claimed non-economic damages for pain, suffering, anxiety, and loss of enjoyment of life. Additionally, he sought pre- and post-judgment interest, costs of suit, and further relief the Court deemed just.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Alejandro Alonso
Counsel for Plaintiff: Eber Bayona | Quinton Sales
Defendant(s): City of Los Angeles | County of Los Angeles | State of California | Cesar Corona
Counsel for Defendants: Gary A. Bacio | Patty Thammalaiviroj
Claims
Count 1: Negligence / Statutory Liability (Public-Entity and Employee Liability).
Against the City, County, State, and Defendant Corona. Plaintiff alleged negligent operation, ownership, maintenance, inspection, supervision, hiring, and retention. He invoked Government Code §§ 815.2(a), 820(a) and the cited Vehicle Code provisions.
Count 2: Negligence (General).
Against all Defendants and Does 1–50. Plaintiff alleged their acts and omissions directly and proximately caused his injuries and losses. He demanded a jury trial on all issues.
Defense
Defendants denied all material allegations and damages. They asserted comparative negligence and third-party fault. They claimed Plaintiff knew the risks and assumed them. They invoked statutes of limitation and noncompliance with the Tort Claims Act. They argued failure to state a claim and lack of proximate cause. They asserted failure to mitigate. They demanded several liability for non-economic damages under Civil Code §1431.2. They claimed any mandatory duties were discharged with reasonable diligence. They also requested a jury trial.
Defendants pleaded governmental immunities. They cited Government Code §§815, 815.2, 815.4, 815.6, 818, 818.2, 818.4, 818.8, 820, 820.2, 820.25, 820.4, 820.6, 820.8, 821, 821.2, 821.4, 821.6, 821.8, 822.2, and 831, including enforcement and discretionary-act immunities. They asserted good-faith conduct without malice and no ratification of any independent contractor’s acts. They also invoked Civil Code §3333.4 to limit recovery. In sum, Defendants positioned Plaintiff’s negligence, statutory bars, and broad immunities as complete or partial defenses.
Settlement
Plaintiff Alejandro Alonso and Defendant City of Los Angeles reached a full settlement in Case No. 22STCV29535. The parties filed a Notice of Settlement of Entire Case on April 22, 2024, before the Stanley Mosk Courthouse in Los Angeles. The filing confirmed resolution of all claims, with dismissal to follow pursuant to California Rules of Court. The settlement amount was $1,000,000, which concluded the litigation before trial.
Court Documents
Court documents are available for purchase upon request at jurimatic@exlitem.com