Nesbitt v. LACMTA (2012) (Los Angeles Superior Court)
Plaintiff Nesbitt was on the red line subway train in Los Angeles. He exited a train and attempted to get back on the train, but as shown in the surveillance camera the doors were closed. Nesbitt stumbled before he reached the doors just as the train began to accelerate. Nesbitt’s leg was trapped between the platform and the moving train. The train kept going. Plaintiff’s right leg was amputated.
Defendant argued that Plaintiff was solely responsible for his injuries because he approached the train when the doors were closing.
Plaintiff proved that the operator was inattentive and was not looking in his mirrors down the side of the train and he began accelerating and leaving the train platform. Had the train operator been monitoring his mirrors, he could have stopped the train in time to avoid the traumatic injuries such as amputation. The jury found Defendant Los Angeles County MTA 50 % at fault for Plaintiff’s injuries.