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Widower intent on making bus companies pay
By Kevin Ueda | Published  06/30/2006 | >Local | Unrated
Widower intent on making bus companies pay
Kevin Ueda
Special to the Daily Press

DOWNTOWN — The case involving a woman run over by a Big Blue Bus on Ocean Avenue last summer appears bound for the courtroom, where a jury will likely decide what compensation the woman’s husband should receive in the wake of a series of wrongful death suits.

Oscar Seanz, the widower of Maria Carrera, filed a wrongful death complaint against the Big Blue Bus company and bus driver Consuela de Jesus Orantes in January, according to court reports. Another suit was filed against the Los Angeles County Metropolitan Transportation Authority, as one of their buses may have played a part in the August 29, 2005 accident.

Each of the four parties are expected to be represented in a Santa Monica courtroom today, with a case meeting on the docket. Mediation may be set for a later date.

The plaintiff’s attorney, Danilo Becerra, doesn’t seem to hold out too much hope for an out-of-court settlement.

“In this kind of case ... sometimes these losses are so great that only a jury can fairly decide what justice is,” Becerra said.

The 47-year-old Carrera, who was on her way to work in Santa Monica as a housekeeper, was struck in the crosswalk at the intersection of Pico Boulevard and Ocean Avenue, according to the court report. At about 7:55 a.m., Orantes stopped at a red light and allowed pedestrians to cross, before making a right turn onto Ocean Avenue. Then, she heard a sound similar to breaking glass.

When she checked to see what happened, Orantes reported that Carrera’s body was beneath the front, driver’s-side wheel of the bus, Becerra said.

“The driver really has no explaining as to how (Carrera) got under her bus,” Becerra said. “Those Santa Monica buses, they’re pretty well-designed; they got big glass fronts, nice glass windows. If you don’t see somebody, there’s a reason for it.”

It is possible that an MTA bus behind the Big Blue Bus turned into opposing traffic to get ahead of it and distracted Orantes, Becerra said.

Deputy City Attorney Lance Gams said the exact details of the incident will remain unclear until further depositions are taken and discoveries filed. Among those slated for depositions are two witnesses to the accident, the MTA driver, and a passenger who was on Orantes’ bus, Gams said.

One witness was vacationing in Santa Monica when the incident occurred and is back in Iowa, but will fly out to take the deposition in late August, said Becerra.

The police report listed a passenger on the bus that was unaware of the accident.

“He didn’t see, feel or hear anything,” Gams said. “He was surprised afterward that the bus pulled over.”

Meanwhile, Becerra said that attempts to secure the name of the driver of the MTA bus have proven unsuccessful.

“The only thing I got from them (the MTA) were threats that if I didn’t dismiss the case, I would pay their costs and their attorneys’ fees,” Becerra said. “I’ve been doing this for 32 years, so I said that if $15,000 isn’t worth it (one person’s life), then I have no business doing this.”

MTA’s defense attorney, Nazila Levy, could not be reached for comment.

Saenz’s unlimited claim exceeds $25,000 in damages against the Big Blue Bus, Orantes and the Los Angeles County Metropolitan Transportation Authority, according to court files.

Becerra declined to state how much Saenz is seeking.

“This is the kind (of lawsuit) where the main loss is the relationship, the love ... the companionship,” Becerra said. “There’s also an economic component because she was contributing to the household, and she was planning to get her degree and further contribute to the household.”

Carrera planned to stop working and attend school when her husband received his degree in engineering, which could be another year, Becerra said.

“This little unit (family) ... really represents what America is all about,” Becerra said. “They were doing it the right way; they were doing all of the things that a family does to get ahead, then this happens.”
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