Libitzky & Dozal Settle LAPD Crash Case for $540K
Table of Contents
Case Background
On January 16, 2021, Michael Libitzky and Kriss Dozal drove westbound on Sunset Boulevard in Los Angeles. At the same time, Officer Cindy Cabrera, on duty with the LAPD Hollywood Division, traveled southbound on Cassil Place. She approached the intersection controlled by a stop sign.
Cause
Officer Cabrera entered traffic from Cassil Place without yielding. Her vehicle collided with Plaintiffs’ car, dragging it across her bumper. Plaintiffs alleged Cabrera failed to yield at the stop sign, failed to maintain control, and failed to keep a proper lookout. They claimed her negligent operation caused the crash.
Injury
The collision caused Plaintiffs serious and permanent bodily injuries. They reported great physical pain, mental anguish, and severe emotional distress. They also alleged loss of capacity for normal activities and enjoyment of life.
Damages
Plaintiffs sought compensation for medical costs, hospital expenses, wage loss, property damage, and loss of earning capacity. They also claimed ongoing treatment expenses and lasting physical and emotional harm.
Key Arguments and Proceedings
Plaintiff(s): Kriss Dozal | Michael Libitzky
Counsel for Plaintiffs: Stephen Bernard
Defendant(s): City of Los Angeles | Los Angeles Police Department | Officer Cindy Cabrera
Counsel for Defendants: Stephanie Brie Gonzalez
Claims
Plaintiffs filed causes of action for General Negligence and Motor Vehicle Negligence. They alleged the City of Los Angeles, the LAPD, and Officer Cabrera were liable. They also sued Doe Defendants 1–50, claiming agency, employment, ownership, and entrustment of the vehicle.
Defense
The Defendants denied all allegations in Plaintiffs’ complaint and raised several affirmative defenses. They argued that Plaintiffs’ own negligence directly caused or contributed to the alleged damages, and therefore any recovery should be reduced proportionately. They further asserted that the negligence of other persons also contributed to the incident. Defendants claimed that Plaintiffs knowingly assumed the risks involved and that the action was barred by statutes of limitation and by Plaintiffs’ failure to comply with the California Tort Claims Act.
Additionally, Defendants invoked statutory immunities under the California Government Code, Civil Code, and Vehicle Code. They argued that the driver of the City’s authorized emergency vehicle was exempt from certain traffic rules. They also asserted immunity under Government Code 815.2, 820.2, 820.8, and 831, Civil Code 3333.3 and 3333.4, and Vehicle Code 17004.4 and 17004.7. On these grounds, Defendants sought dismissal of the action, costs of suit, and further relief deemed proper by the Court.
Settlement
The case concluded with a settlement of $540,000. The resolution brought an end to the claims against the City of Los Angeles, the Los Angeles Police Department, and Officer Cindy Cabrera. The settlement compensated Plaintiffs Michael Libitzky and Kriss Dozal for the injuries, damages, and losses they alleged arose from the 2021 collision, avoiding further litigation and trial proceedings.
Court Documents
Court documents are available for purchase upon request at jurimatic@exlitem.com