$4.25 Million Settlement Reached in Pedestrian Injury Case at Train Crossing

Gilberto Rebollar was 40 years old when he was struck and killed by a Los Angeles County Metropolitan Transit Authority train (Metro). He was walking through a pedestrian crossing at the time of the incident. Rebollar suffered traumatic brain injury, foot amputation, dislocated left shoulder and fractures. His medical expenses were $175,000.

Rebollar was a cook at the time of the accident.

The lawsuit was filed against Metro, the transit authority, claiming that its train operator had been speeding and chose not to avoid impact with a pedestrian, Rebollar.

The lawsuit also maintained that Metro had created a dangerous condition on public property by placing an at-grade pedestrian crossing close to a blind curve and by choosing not to place adequate warning signs to alert pedestrians of approaching trains.

The defendant, Metro, argued that it was immune from liability for claims related to the configuration of the crossing, which was preapproved by its engineers and the state’s public utility commission. Before trial, the parties agreed on settlement at $4,250,000.

The attorneys representing Rebollar were John C. Taylor and Robert R. Clayton.

In preparation for trial, Rebollar’s attorney presented experts in train operations and accident reconstruction. The defendant, Metro, presented experts in railway safety and accident reconstruction.

Rebollar v. Los Angeles County Metropolitan Transportation Authority, No. CHBC 421357 (Cal. Super. Ct. Los Angeles County, March 26, 2015).

Kreisman Law Offices has been handling train accident cases, car accident cases, bicycle accident cases, motorcycle accident collisions and pedestrian injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Palatine, Calumet City, Hinsdale, Arlington Heights, Elmwood Park, Melrose Park, St. Charles, Lemont, New Lenox, Bolingbrook, Joliet, Elgin, Aurora, Chicago (Wicker Park, Rogers Park, Jefferson Park), Mundelein, Inverness and Justice, Ill.

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