Kevin McElrath vs. Los Angeles County Metropolitan Transit Authority

Case Background

Kevin McElrath filed a personal injury lawsuit against the Los Angeles County Metropolitan Transit Authority (METRO) and Robert Albertazzi. He sought damages for injuries sustained in a bus-related incident. The bus negligence lawsuit was filed in the California Superior Court, Los Angeles County. Judges Ian C. Fusselman, Lisa R. Jaskol, Lee S. Arian, and Kerry Bensinger presided over this lawsuit. [Case number: 21STCV33539]

Cause

At the time of the incident, McElrath lived in Los Angeles. He alleged that METRO operated as a municipal entity conducting business in the city. He also claimed that Robert Albertazzi, employed by METRO as a driver, was responsible for the collision and its consequences. According to McElrath, these defendants acted negligently, recklessly, or intentionally, leading to his injuries.

On August 9, 2020, around 7:25 p.m., McElrath rode METRO Bus No. 111, traveling westbound on Florence Avenue. He pressed the call button to signal his upcoming stop and stood to exit. However, Albertazzi, the driver failed to stop. McElrath called out, but the bus continued moving. When the bus finally stopped at a red light in the middle of the street, the driver opened the door. As McElrath stepped out, a car in the right-turn lane struck him, throwing him into the air and causing severe injuries.

McElrath argued that METRO and its employees had a duty to operate the bus safely, ensuring passengers exited at designated stops. He claimed the defendants acted negligently by failing to stop, opening the door in an unsafe location, and exposing him to danger.

Injury

As a result of the accident, McElrath suffered severe and permanent injuries. He required medical treatment from doctors, neurologists, and therapists, incurring significant expenses. He expected to face ongoing medical costs.

Damages

On February 2, 2021, McElrath submitted a claim for damages as required by law. When the claim was denied by default, he proceeded with this lawsuit.

McElrath sought compensation for his injuries and losses. He requested general damages in an amount to be determined at trial. He also sought reimbursement for past and future medical expenses related to his injuries. Additionally, he pursued damages for lost income and reduced earning capacity.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Kevin McElrath
    • Counsel for Plaintiff(s): Carl E. Douglas | Edwin Saghian
  • Defendant(s): Los Angeles County Metropolitan Transit Authority (METRO) | Robert Albertazzi
      • Counsel for Defendant(s): Paul O’Reilly

Claims

McElrath alleged that METRO and its employees failed to operate the bus safely, creating an unreasonable risk to passengers. He claimed they negligently stopped in the middle of the street, leading to his injuries. McElrath argued that METRO knowingly entrusted the bus to an unfit driver who operated it recklessly. He alleged this decision put passengers and pedestrians in danger. McElrath asserted that METRO and its employees violated California law by operating the bus in a grossly unsafe manner, directly causing his injuries.

Jury Verdict

On January 30, 2025, the jury found that Robert Albertazzi’s negligence was a substantial factor in causing McElrath harm.

The jury awarded McElrath the following in damages:

  • Past medical damages: $458,094.50
  • Future medical damages: $1,062,974
  • Past  non-economic loss: $1,750,000
  • Future non-economic loss: $2,500,000

The total damages amounted to $5,771,068.50. The jury also found McElrath negligent, but his negligence was deemed not a substantial cause of harm. It was also found that the driver of the car was not negligent. The jury assigned 100% of the responsibility for McElrath’s harm to the LA Metropolitan Transit Authority and Robert Albertazzi.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com