Pena v. City of Los Angeles - $3Million Mid-Trial Settlement

 

On June 27, 2019, Attorney Gabriel Avina filed a claim for damages against the City of Los Angeles on behalf of his client, who suffered permanent injuries resulting in paraplegia on March 30, 2019. The injuries occurred when the client, riding a Bird scooter, struck a hidden uplift in a city sidewalk and was thrown into a leaning tree, also maintained by the City. After the City rejected the claim, a civil lawsuit was filed in Los Angeles County Superior Court alleging a dangerous condition of public property and violation of the California Public Records Act.

 

Months before trial, Bird initiated arbitration against the Plaintiff, claiming that under the scooter rental agreement, the Plaintiff was obligated to indemnify Bird—since Bird, in turn, was required to indemnify the City of Los Angeles for accidents involving its scooters. Our firm successfully defended against and resolved this arbitration.

 

In May 2022, the case proceeded to trial against the City, lasting more than three weeks. Moments before the Plaintiff was set to deliver a rebuttal closing argument, the matter settled for $3 million. Ultimately, justice prevailed.