Ex-Driver, OCTA Sued in Rape Case

The guardian of a disabled woman who police said was raped by a bus driver has sued the man and two transportation agencies, alleging that they failed to adequately supervise him even after receiving previous complaints about his conduct from other female passengers.

The lawsuit, filed last month by Diane Gazich, who is the alleged victim’s sister, asks for unspecified damages and legal fees. Gazich said the incident traumatized her 43-year-old sister and “shattered her innocence.” The Buena Park woman, said to have the mental capacity of a child, also is listed as a plaintiff.

The complaint accuses the former driver, Daniel Carlos Porras of Anaheim, of assault and battery. Laidlaw Transit Services, which employed and fired Porras, and OCTA are accused of negligence. Laidlaw contracts with OCTA to provide door-to-door service for developmentally disabled passengers.

Porras, 40, is free on bail and awaiting trial on charges that he sexually assaulted Gazich’s sister and another woman who suffers from cerebral palsy and uses a wheelchair. He could not be reached for comment. Laidlaw officials did not respond to requests for comment. An OCTA spokesman said officials had not seen the lawsuit and declined to comment.

According to Orange County sheriff’s investigators, Porras assaulted the victim between Jan. 6 and Jan. 14, 2003. Porras told detectives that he had had “a real small affair” with the woman, who has an IQ of 58. He said he had consensual sex with her, but prosecutors said he took advantage of her vulnerability and forced himself on her.

A complaint filed last year by prosecutors said Porras’ alleged victims were “incapable of giving legal consent [to having sex with him] because of a mental disorder and because of developmental and physical disability.”

Gazich’s sister works at the Orange County Adult Rehabilitation Center and is taken to and from work by Laidlaw Transit. She told police that on the days she was attacked, Porras would drop her off last but not before taking her to secluded parking lots where he would assault her inside the bus.

Court records show that two other disabled women complained in 2002 that Porras touched them inappropriately. Laidlaw officials investigated, but the complaints were dismissed and not reported to police, according to Superior Court records.

The lawsuit filed Dec. 30 by Gazich on behalf of her sister said the assault against her could have been prevented if Laidlaw officials had taken stronger action against Porras when the earlier complaints were filed.

“Laidlaw ignored earlier reports which accused and charged ... Porras with earlier offensive and/or harmful contact of other persons for whom he was providing transportation in the course and scope of [his] employment,” the lawsuit said.

The suit also charges that Laidlaw and OCTA were negligent in hiring and supervising Porras.

Gazich said the alleged incidents changed her sister from a cheerful woman who enjoyed the independence of living in a group home to one who is fearful of strangers and needs constant reassurance from family members.

“She calls me three or more times a day now and will ride the bus only to and from work,” Gazich said. “The bus used to be a tool of independence for her, taking her to the mall or to my home. She’s afraid to ride the bus now and will come visit me only when we can pick her up.”