Herzlich v. Los Angeles County Metropolitian Transp. Authority (Dec. 11, 2006, B184926) 2006 WL 3579295 [nonpublished opinion]

Cindy Tobisman, together with Marty Stein and Timothy Coates, obtained a ruling by the Court of Appeal that it was proper to sustain a demurrer without leave to amend to the plaintiff’s third amended complaint. Plaintiff was a Taft High School student shot as he waited for a bus at a crowded stop. He sued the MTA, arguing that his injuries resulted from the bus driver’s failure to discharge his duty to board all willing passengers. The MTA successfully argued that it had no duty to prevent assaults on non-passengers by criminal third parties.

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