Perez & Osorio Settle Crash Lawsuit With Los Angeles City
Table of Contents
Case Background
On May 9, 2021, Juan Jose Perez and Adriana S. Osorio traveled along South Broadway at the intersection of West 67th Street in Los Angeles. At the same time, a vehicle operated by Nathaniel Miranda, an employee of the City of Los Angeles, approached the intersection. The vehicle belonged to the City, which was responsible for its operation and maintenance.
Cause
Perez and Osorio alleged that Miranda drove negligently and without proper caution. They claimed Miranda made unsafe maneuvers that caused a collision, resulting in serious injuries. They also argued that the City of Los Angeles negligently owned, maintained, and entrusted the vehicle to Miranda. Further, they contended the City failed to hire, train, and supervise its employee properly. Plaintiffs alleged the public entity and its employee acted without reasonable care, making them legally responsible for the crash.
Injury
The collision seriously injured both Perez and Osorio. They sustained harm to their bodies and nervous systems, leaving them with lasting pain and impairment. Their health and strength declined, and they alleged significant physical and emotional suffering. The injuries limited their daily activities and required continuing medical treatment.
Damages
Perez and Osorio sought recovery for medical expenses, both past and future. They also claimed damages for lost wages, diminished earning capacity, and future loss of earnings. Additionally, they pursued compensation for property damage, emotional distress, and permanent disability. They argued the crash caused long-term economic and non-economic losses that impacted their quality of life.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Juan Jose Perez | Adriana S. Osorio
Counsel for Plaintiffs: Elie Aghabi | David F. Garcia (Windsor Troy)
Defendant(s): City of Los Angeles (a public entity) | Nathaniel Miranda
Counsel for Defendants: Catherine Sun
Claims
The Plaintiffs filed two causes of action. The first alleged negligence under a motor vehicle theory against Nathaniel Miranda and the City of Los Angeles, holding them liable for unsafe operation and entrustment. The second alleged general negligence, citing improper ownership, maintenance, training, and supervision by the City. They relied on Government Code sections 815.2, 815.4, 820, and 835, as well as Vehicle Code sections 22100 and 17001, to establish liability.
Defense
In response to the complaint, the City of Los Angeles and Nathaniel Miranda denied all allegations and asserted multiple affirmative defenses. They argued that the Plaintiffs’ own negligence contributed to or caused the accident, and that the negligence of other persons also played a role. They further claimed Plaintiffs knew of the alleged dangers and voluntarily assumed the risk.
The Defendants raised statutory defenses, including the statute of limitations and noncompliance with the California Tort Claims Act. They also asserted governmental immunities under various Government Code provisions, the Civil Code, and Vehicle Code. Additionally, they argued Plaintiffs failed to mitigate damages, that any recovery must be reduced by offsets or comparative fault, and that the complaint failed to state valid causes of action. Ultimately, the Defendants requested dismissal of the case and recovery of their costs.
Settlement
On August 7, 2024, Plaintiffs Juan Jose Perez and Adriana S. Osorio reached a conditional settlement with Defendants City of Los Angeles and Nathaniel Miranda in their personal injury case. The settlement, pending approval by the Los Angeles City Council within the next 6–8 months, would resolve all claims arising from the May 9, 2021, accident at South Broadway and West 67th Street. Plaintiffs’ counsel, David F. Garcia, filed the notice of settlement ahead of the August 2024 trial date, confirming dismissal would follow once the settlement terms were finalized.
Court Documents
Court documents are available for purchase upon request at Jurimatic@exlitem.com