Recent Wins

Dec 12, 2006 Martin Stein, Timothy T. Coates, Cynthia E. Tobisman
MTA is immune from liability for criminal acts by third parties against would-be bus passengers

Herzlich v. Los Angeles County Metropolitan Transit Authority, (2006) Cal.App.Unpub. LEXIS 11117 (California Court of Appeal, Second District, Division Eight (Los Angeles)) [unpublished]. 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.