MTA OKs $7-Million Settlement

In one of its largest personal injury settlements ever, the Metropolitan Transportation Authority agreed Thursday to pay more than $7 million to a woman who was hit by an MTA bus that killed her young daughter and injured her son as they were crossing a Panorama City street.

The MTA’s Board of Directors agreed in closed session to pay Angelica Maravilla $7 million and to cover her medical bills, which could be as high as $800,000.

The settlement, which did not include an admission of wrongdoing, came after a Los Angeles Superior Court jury had already heard testimony from 25 witnesses in Maravilla’s wrongful death and personal injury suit, which went to trial earlier this month.

Under an arrangement with its insurance carrier, the MTA will pay about $4 million of the settlement, approximately the cost of 12 buses for the cash-strapped agency.

Maravilla, 28, who has not been able to walk since the accident Feb. 6, 1996, said she felt little triumph in the settlement.

“I didn’t think it would ever end,” she said. “I feel a little relief, but satisfaction? Never. This has been so hard. It’s something I would never wish on anyone.”

Maravilla and her two children were hit by an MTA bus driven by Richard Tolan as they crossed Parthenia Street on their way home from a visit to a medical clinic.

According to court papers, Tolan said he did not see the family in the crosswalk as he turned right from Tobias Avenue on a green light.

The right rear wheel of the 30,000-pound bus rolled over the head of Maravilla’s 5-year-old daughter, Karen Diaz, killing her instantly. Maravilla’s 3-year-old son, Christian Diaz, suffered a broken leg.

Maravilla, with a fractured pelvis and internal injuries, was lying in a pool of blood when she saw her daughter’s crushed skull. Sobbing, she asked bystanders to pray over her daughter’s body.

The MTA’s defense attorneys argued that the driver was not at fault because the family crossed the street when the crosswalk sign read “Don’t Walk,” according to court papers. They also argued that Karen darted into the street in front of the bus.

Maravilla’s attorneys disputed that account, producing witnesses who testified that the pedestrian sign was still on “Walk” when the family stepped into the crosswalk. Several bystanders also testified that Maravilla was holding her children’s hands as they crossed the street.

Her attorneys argued that Tolan did not see the family because he made the turn while a passenger was paying his fare and blocking his view of the mirror, a violation of MTA policy.

Jurors heard a deposition from the last passenger to board the bus, who testified he was standing in front of the fare box when the accident occurred.

A spokesman for the MTA said Tolan is still employed as a bus driver but declined comment on whether he had been disciplined, because it is a confidential personnel matter.

Henry D. Gradstein, one of Maravilla’s attorneys, said the MTA tried to deflect responsibility for the accident through “a war of attrition” designed to wear his client down. Among other things, he said, MTA attorneys tried to sue Maravilla for allegedly letting her daughter run into the street.

“I think the tragedy of the accident was compounded by the way the MTA treated her for two years,” said Gradstein, who was assisted in the case by his partner, Bruce E. Van Dalsem. “Instead of coming to render aid, they came to start the process of spin control. The approach of considering the victim an enemy is not consistent with the public trust MTA has to treat accident victims with compassion.”

The MTA’s attorneys disputed his allegations. “I think it would be a mistake to perceive a thorough defense as an attack on Mrs. Maravilla,” said Phil Miller, principal deputy county counsel.

“At no point did the MTA intend to attack Mrs. Maravilla, but it at all times intended to vigorously defend itself where a defense was appropriate.”

Maravilla, who worked in a CD- and tape cassette-packing plant, underwent more than 20 surgeries and was hospitalized for almost nine months.

She was engaged to be married at the time of the accident and the wedding had been set for Feb. 11, five days after she and her children were hit by the bus. Eight months later, Maravilla and Fidel Robledo were finally married. They moved to another part of Los Angeles to get away from the accident site, which was a couple of blocks from their home.

She said she is still haunted by memories of her daughter. Her son points to commercials for dolls and wants to buy them for his sister.

Maravilla said she hopes to use the settlement to pay for further surgery and go to school. “I have to learn how to adjust to this life,” she said. “I can’t do all the things I want to do. I just want to go on living my life.”