Man injured in trolley station fall gets $21.5M. Lawsuit contended that MTS and others failed to warn public of hazard
By Dana Littlefield | 4:45 p.m.
August 27, 2015
This story has been amended from its original posting, which incorrectly stated that the defendants were paying the settlement. In fact, insurance companies are, according to the plaintiff's attorney.
SAN DIEGO, CALIFORNIA
An Imperial Beach man who was seriously injured when he tripped and fell on trolley tracks two years ago is receiving a $21.5 million insurance settlement, his lawyers said this week.
David Long, now 57, was on his way to work on May 23, 2013, when he stepped off the trolley at the 12th and Imperial Transit Station in the East Village and tripped over a two-inch piece of track where workers had ground down the asphalt, the plaintiff’s attorneys said.
As a result of the fall, Long hit his head on the platform and suffered fractures to vertebrae in his neck and injuries to his spinal cord. The injuries made him quadriplegic, his lawyers said.
In January 2014, Long filed a lawsuit in San Diego Superior Court against the Metropolitan Transit System, HMS Construction Inc, Asphalt and Concrete Enterprises, Inc., San Diego Transit Corporation, San Diego Trolley, Inc., and other agencies.
The case settled in late July, according to court records.
Ryan Harris, who represented Long along with Philip Alexander, said insurance companies for those defendants have agreed to pay $15 million to settle the lawsuit. An insurance company for two other defendants, the San Diego Association of Governments and Simon Wong Engineering, will pay $6.5 million, Harris said.
Harris said most of the money has been paid, and he expects the settlement to be paid in full by Sept. 4.
Attempts to reach the defendants’ attorneys Thursday for a response were unsuccessful. Early in the proceedings, MTS argued in court documents that Long had failed to "exercise ordinary care on his own behalf" and that his injuries resulted, at least in part, from his own negligence.
“It’s a victory for the little guy,” Harris said by telephone. He said Long had worked for years for the state Department of Social Services, but retired early because of his injuries.
The attorney contended that the contractors knew about the hazardous condition at the trolley station, but did nothing to warn the public. He said surveillance video showed that as many as 10 other people tripped over the piece of exposed track, but Long was the most severely injured.
Harris said Long is expected to receive $20 million from the settlement. His wife Theresa will receive $1.5 million for loss of spousal support and services.