When Kevin McElrath got on the Metro Bus. No. 11 in August 2020, he expected to get off at his stop safe and sound. In reality, Kevin was minutes away from an accident that would permanently change his life and compromise his long-term health and mobility.
Omega Law Group Accident & Injury Attorneys took McElrath’s case in an effort to help him hold Los Angeles County Metropolitan Transit Authority (LACMTA) and bus driver Robert Albertazzi financially responsible for Kevin’s damages. In January 2025, our Los Angeles bus accident lawyers secured a verdict of over $5.77 million on Kevin’s behalf.
We take pride in holding negligent parties accountable when their oversights and recklessness cause otherwise avoidable harm. Omega Law Group thanks its attorneys for their dedication to Kevin’s case and looks forward to offering similarly comprehensive representation to any other Los Angeles accident victims in need.
Laying Out the Case
On August 9, 2020, Kevin McElrath rode the Metro Bus. No. 11 westbound on Florence Avenue. At the time, Robert Albertazzi was operating the bus and in the course and scope of his employment with LACMTA.
Kevin intended and asked to be let off of the bus at a city-designated bus stop. However, the driver did not recognize the request. Instead of stopping at the bus stop, the driver opened the bus doors in the middle of the road. He did not warn any passengers, including Kevin, that he hadn’t stopped at the appropriate bus stop.
Instead, the driver allowed Kevin and other passengers to step off of the bus into oncoming traffic. There was a full lane of traffic separating the bus and the curb. Kevin, who wasn’t aware of the distance, stepped off the bus and was immediately struck by an oncoming car.
Highlighting Our Client’s Mistreatment and Losses
The driver’s failure to stop at a designated bus stop and refusal to inform his bus’s passengers about the danger outside of the bus violated multiple LACMTA policies and procedures. This disregard for the safety of his passengers constitutes a violation of the bus driver’s duty of care to everyone under his care, including Kevin.
Kevin’s injuries were substantial in the wake of his accident. He suffered significant injuries to the right side of his leg and face. Emergency responders transported him to California Hospital Medical Center, where staff determined that he suffered from a shattered knee, fractured ankle, and chipped top right incisor.
Prior to this accident, Kevin had no prior medical history. He was 27 years old at the time of the collision and in good health.
Negligence Has Permanently Compromised Our Client’s Health
The injuries Kevin sustained required him to attend dozens of visits with healthcare providers following his accident. He has undergone multiple surgeries in an attempt to alleviate the pain and restore his mobility.
Kevin also had to pursue dental treatments to restore his damaged tooth. Oral surgeon Dr. Carol Brooks discovered that the accident broke Kevin’s central and lateral incisors while also exposing the teeth’s nerves. Kevin had to undergo root canal treatments and nerve removals to restore his oral functionality.
Dr. Chen has overseen Kevin’s physical therapy treatments to restore Kevin’s mobility. Despite the efforts his team made, Dr. Chen recommended a second surgery in addition to pain management injections to alleviate Kevin’s pain. Dr. Chen and Dr. Samimi confirmed that Kevin will need a total knee replacement and ankle arthroscopy in the future.
Leveling Charges Against Los Angeles County Metropolitan Transportation Authority and Robert Albertazzi
Kevin endured severe and unnecessary pain and trauma as a result of the reckless and negligent conduct of the driver and the LACMTA. When Kevin turned to Omega Law Group for legal support, the team served both defendants with a claim accusing them of failure to warn and negligence.
The Hon. Ian C. Fusselman oversaw Kevin’s fight for justice while a jury weighed the evidence that our bus accident lawyers brought forward in court. The case, filed on September 10, 2021, reached a verdict on January 20, 2025.
Walking Away With the Verdict Our Client Deserves
Omega Law Group and its bus accident lawyers advocated for Kevin’s right to a settlement that fully encompassed the value of the losses he endured as a result of the gross negligence of LACMTA and Albertazzi. After the jury reviewed the firm’s findings, they saw fit to award Kevin a verdict of $5,771,068.50.
This verdict will not fix Kevin’s knee or make him as healthy as he was before his accident. However, the verdict will allow Kevin to pay his bills and overcome the losses he’s had to endure as a result of Albertazzi’s and LACMTA’s negligence.
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Omega Law Group doesn’t Let Dangerous Negligence Stand
Omega Law Group knows for a fact that bus drivers and their employers owe everyone relying on them a duty of care. No bus driver has the right to actively or even accidentally endanger the people under their care. The bus driver’s behavior has permanently impacted Kevin’s long-term health–but now he has the justice he deserves.
Our personal injury lawyers in Los Angeles and beyond are not afraid to go to court on behalf of clients in need of financial support after serious accidents.
If you, like Kevin, need help holding negligent drivers, pedestrians, cyclists, or other parties accountable for your recent losses, don’t wait. You can book a free case consultation with our firm today.
For more information, please see our original press release here.
