Rosa Caceres, Individually and as the Successor in Interest to the Estate of Nelson Pineda vs. Los Angeles County Metropolitan Transportation Authority, a Public Corporation

Case Background

Rosa Caceres filed a wrongful death suit alleging negligence after her son passed away after being struck by an LA County Metropolitan Transportation Authority bus while crossing the road. The case was heard before the California Superior Court, LA County. Judges Ernest M. Hiroshige, Anne Hwang, Michael E. Whitaker, Daniel M. Crowley, and Audra Mori presided over this case. [Case number: 20STCV23470]

Cause

Plaintiff Rosa Caceres, the mother and heir of the Decedent Nelson Pineda, lived in Los Angeles County, California, at the time of the incident. She resided with Pineda and depended on him financially for her basic needs. The Defendants, Los Angeles County Metropolitan Transportation Authority, and unidentified parties were a public corporation operating a bus with California License Plate Number 1478237.

At the time of the incident, the bus was driven by Agustin Garcia Terrazas, an employee of the Los Angeles County Metropolitan Transportation Authority, along with other unnamed employees. On October 12, 2019, Pineda, while crossing southbound on Sunset Boulevard, was struck and fatally injured by this bus. Terrazas, who failed to maintain proper awareness, accelerated the bus and recklessly attempted to avoid hitting Pineda instead of slowing down or stopping.

The Defendants, including the Los Angeles County Transportation Authority and the unidentified parties, were negligent in their ownership, maintenance, and operation of the bus. Their actions directly contributed to the collision and the resulting damages for which the Plaintiffs sought redress.

Injury

Decedent Nelson Pineda experienced blunt force trauma, head trauma, chest trauma, upper body trauma, and extremity trauma before he died from the collision. He also suffered crush injuries and head injuries. There was a noticeable period between when he sustained these injuries and his death as a result of the collision.

Damages

Due to the negligence of the Defendants Los Angeles County Metropolitan Transportation Authority and Does 1 to 100, Nelson Pineda lost his life. His wrongful death directly led to the Plaintiffs losing the decedent’s love, companionship, comfort, moral and economic support, and relationship. As a result, the Plaintiffs demanded general and special damages.

Additionally, due to the Defendants’ carelessness, the Plaintiffs incurred and would continue to incur medical and funeral expenses resulting from the decedent’s death. The Plaintiffs demanded compensation for all special damages incurred by the Estate of Nelson Pineda, including medical bills, lost earnings, and other related expenses.

Therefore, Plaintiff requested judgment against the Defendants for:
1. General damages exceeding the court’s jurisdictional minimum, including wrongful death and pain and suffering, to be proven at trial;
2. Funeral and burial expenses, as proven;
3. Medical and related expenses, as proven;
4. Loss of past, present, and future earnings and earning capacity, as proven;
5. Pecuniary loss from the decedent’s loss of services and support, as proven;
6. Costs of the suit incurred;
7. Any other relief the Court deems just and proper.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Agustin Garcia Terrazas (DOE 51) | Los Angeles County Metropolitan Transportation Authority, a public entity

Claims

Plaintiff claimed that the Defendants, Los Angeles County Metropolitan Transportation Authority, and Does 1 to 100, including their agents and employees, negligently owned, maintained, controlled, managed, operated, and repaired the bus. Their negligence directly contributed to the collision. The Plaintiff also sought damages for wrongful death and survival actions.

Defense

Defendant Augustin Garcia Terrazas, a public employee, generally denied all allegations and claimed the Plaintiffs were not damaged. He argued contributory negligence and stated that if he was found negligent, his liability for non-economic damages should be proportional to his fault.

Expert Testimony

The expert witnesses for the Plaintiffs included J. Robert Berkstresser, Joellen Gill, Jon B. Landerville MSME, PE, and Iain M. McIntyre Ph.D. The expert witnesses for the Defendants were David A. Krauss Ph.D. and Timothy J. Reust.

Jury Verdict

On June 04, 2024, in a special verdict, the California jury found the Los Angeles County Metropolitan Transportation Authority had been negligent and such negligence had been the cause of Nelson Pineda’s wrongful death. The jury also ascertained that Rosa Caceres had been financially dependent on Nelson Pneda at the time of the accident. The jury awarded the following damages to Rosa Caceres and the estate of Nelson Pineda:

  • Total damages for Rosa Caceres: $5,000,000
    • Past non-economic damages: $1,500,000
    • Future non-economic damages: $3,500,000
  • Total damages for Guadalupe Elizabeth Cruz de Pineda, Kayla Pineda, and Kevin Pineda: $2,250,000
    • Past non-economic damages –
      • Guadalupe Elizabeth Cruz de Pineda: $550,000
      • Kayla Pineda: $250,000
      • Kevin Pineda: $250,000
    • Future non-economic damages –
      • Guadalupe Elizabeth Cruz de Pineda: $500,000
      • Kayla Pineda: $350,000
      • Kevin Pineda: $350,000

Moreover, the jury allocated 10% of the contributory fault to Nelson Pineda and 90% of the responsibility for Nelson Pineda’s harm was attributed to Los Angeles County Metropolitan Transportation Authority.

On June 17, 2024, a final judgment consistent with the special verdict was entered.

Court Documents:

Available upon request