Maria Fernandez vs. City of Norwalk

Case Background

On December 11, 2023, Plaintiff Maria Fernandez filed a Negligence lawsuit in the California State, Superior Court of Los Angeles County (Case number: 23NWCV03997). Judge Julian C. Recana, Roger Ito, Olivia Rosales, and Lee W. Tsao presided over the case.

Cause

On April 26, 2022, at approximately 12:45 PM, Maria Fernandez was a passenger on a Route 3 Norwalk Transit System bus traveling near Telegraph Road and Pioneer Boulevard in Santa Fe Springs, Los Angeles County, California. The incident occurred when the bus driver, an employee of the City of Norwalk, allegedly operated the approximately 40-foot, 25,000-pound public transit bus in a negligent, careless, and reckless manner. According to the California Commercial Driving Handbook requirements cited in the complaint, bus drivers must consider passenger safety during loading and unloading, wait for passengers to be seated or braced before moving, and ensure smooth starts and stops to prevent passenger injuries. The driver allegedly failed to meet these safety standards, resulting in Ms. Fernandez’s fall and subsequent injuries.

Injuries

Ms. Fernandez suffered injuries to her neck, back, and head as a direct result of the fall on the city bus. The incident required her to seek medical treatment at various facilities, including follow-up care with doctors for her sustained injuries.

Damages

The plaintiff incurred substantial damages, including in a Bus Accident Lawsuit:

  • Medical Expenses:
    • Hospital bills
    • Emergency medical care costs
    • Ongoing treatment expenses
    • Rehabilitation costs
    • Prescription medication expenses
  • Economic Damages:
    • Current medical bills
    • Anticipated future medical expenses
    • Potential loss of earning capacity
    • Out-of-pocket expenses related to injury treatment
  • Non-Economic Damages:
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Mental anguish
    • Physical impairment

The initial damage estimate was $16,000, but the case was filed as an unlimited civil case, indicating potential damages exceeding $25,000.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Maria Fernandez
    • Counsel for Plaintiff: Justin Paul Dixon| Christopher Montes de Oca
  • Defendant(s):City of Norwalk
    • Counsel for Defendants: Daniel Phillip Barer| James Lee | Michael L. Wroniak

 Claims

The plaintiff filed the following claims in a Bus Accident lawsuit:

  • Motor Vehicle Negligence against the City of Norwalk and Does 1-25.
  • A government claim was submitted to the City of Norwalk on October 15, 2022, pursuant to California Government Code §§ 905 and 910. The claim alleged violations of:
    • California Vehicle Code §17001 (public entity liability)
    • Civil Code §2100 (common carrier’s duty of utmost care)
    • California Vehicle Code §22350 (basic speed law)
    • Government Code §820(a) and §815.2(a) (public entity liability)

The case was filed as an unlimited civil case, indicating damages exceed $25,000.

Defense

Defendant presented nineteen affirmative defenses in a Bus Accident lawsuit:

  • The complaint failed to state sufficient facts for a cause of action.
  • They asserted immunity under Government Code section 815(a), which limits public entity liability.
  • They alleged comparative fault, stating the plaintiff’s own negligence contributed to her injuries.
  • They claimed third-party negligence under Government Code sections 820.8 and 815.2(b).
  • They invoked governmental immunity under various sections, including 815.2, 818.4, and 818.6.
  • They alleged the plaintiff failed to comply with the Government Claims Act requirements.
  • They claimed insufficient notice for causes of action not reflected in the government claim.
  • They denied ownership or control of conditions related to the incident.
  • They alleged contributory negligence, claiming the plaintiff failed to exercise ordinary care.
  • They asserted assumption of risk, stating the plaintiff knew and accepted the dangers.
  • They claimed no breach of duty occurred under regulatory and statutory standards.
  • They argued their actions were reasonable under Government Code section 835.4.
  • They alleged the plaintiff failed to mitigate damages.
  • They claimed intervening and superseding causes from third parties.
  • They sought offset for collateral source payments under Government Code section 985.
  • They denied liability for independent contractors’ actions.
  • They claimed no statutory basis existed for liability.
  • They argued public policy prevented recovery to avoid making them a strict insurer.
  • They reserved the right to assert additional defenses.

The City demanded a jury trial and requested dismissal of the complaint, attorney’s fees under Code of Civil Procedure section 1038, costs of suit, and any other relief deemed proper by the court.

Jury Verdict

On October 3, 2024, the jury found that Yolanda Velasco, an employee of the City of Norwalk, had negligently caused harm to Plaintiff Maria Fernandez. They awarded a total of $4,183,900 in damages, which included $1,579,500 for future medical expenses, $854,400 for past non-economic damages, and $1,750,000 for future non-economic damages in a Bus Accident lawsuit.

Court Documents:

Available Upon Request