On November 14, 2020, 59-year-old Ismael Soto Luna was waiting to cross the street at the corner of Noble Avenue and Roscoe Boulevard in Van Nuys when a two-pound metal cap from a nearby light pole fell 30 feet, striking him on the head and knocking him to the ground.
Represented by attorneys Arash Zabetian and Tomik Vertanous of Martinian Lawyers, Luna sued the City of Los Angeles, alleging that the city was negligent in its inspections and allowed a dangerous condition to exist. His attorneys argued that while the light pole was adequately designed, it became dangerous over time as the four screws holding the metal cap loosened, creating a foreseeable hazard that the city should have addressed. They contended that the city had actual and constructive notice of this danger, as city employees had previously worked on or inspected similar poles on the same street where the incident occurred and therefore should have noticed the missing aluminum caps on other poles. They further contended that this should have prompted the implementation of a proper inspection system. However, the defense argued that the city had not received any prior complaints about caps falling off before this incident and had no legal duty to inspect or maintain the caps under government code.
The impact of the metal cap left Luna with a mild traumatic brain injury and a skull fracture that was approximately four inches long. Over time, he experienced confusion, headaches, disorientation, blurred vision, and general malaise. Luna reported becoming repeatedly lost, including one instance where he became lost for three days and was found many miles from his home on the freeway in Calabasas. In mid-2023, his diagnosis was changed to severe neurocognitive disorder secondary to brain trauma, and he was diagnosed with dementia. Luna was no longer able to care for himself, requiring 24-hour care. By the time of the trial, he was in diapers, using a walker, struggling to recognize his wife and children, and was susceptible to becoming combative if he was not on anti-psychosis drugs. However, the defense contended that Luna had suffered a head injury but not a brain injury and attributed his condition to pre-existing brain atrophy. They also argued that the treatment Luna received was attorney-driven and that he had never complained to his chiropractor about symptoms such as headaches, confusion, or disorientation. The defense conceded that Luna had suffered dementia, but argued that it was not caused by trauma.
Following a 14-day trial in the Superior Court of Los Angeles County, CA, the jury ruled in favor of Luna, awarding him $22,596,875. The jury voted 11-1 on liability and 10-2 on damages. The case was later settled in April 2024.
Ismael Soto Luna v. City of Los Angeles, No. 22STCV01171, marks Martinian Lawyers’ largest settlement to date and underscores their unwavering commitment to securing justice for their clients and holding negligent parties accountable.
A more detailed summary of the case can be found here:
