Rivera, Michael v. Los Angeles County Metropolitan Transportation Authority
Plaintiff filed a lawsuit against our client, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), seeking damages for injuries allegedly sustained when Plaintiff fell into an open mechanic’s pit at the LACMTA facility while attempting to walk over it. Plaintiff alleged causes of action against LACMTA for Negligence and Dangerous Condition of Public Property.
LACMTA filed a Motion for Summary Judgment arguing that under the Privette doctrine LACMTA was immune from liability for Plaintiff’s injuries. LACMTA presented evidence that it had contracted with Plaintiff’s employer to perform work at the LACMTA facility and, at the time of the incident, Plaintiff was performing work under this contract. Plaintiff opposed the Motion arguing: 1) there was a hidden hazard which was known to LACMTA and provided to Plaintiff by LACMTA; and 2) that LACMTA retained control of Plaintiff’s work to the extent necessary to fall under one of the exceptions of Privette. LACMTA argued that Plaintiff failed to provide any triable issue of material fact necessary to show that an exception to Privette applied.
The Court granted Summary Judgment and ruled in favor of LACMTA.