Woman Run Over By Lifeguard SUV At Venice Beach Reaches Settlement With LA County, Attorney Says

LOS ANGELES (CBSLA.com) — A newlywed and her husband, who sued Los Angeles County after she was inadvertently run over by a lifeguard's SUV while sunbathing at Venice Beach nearly two years ago, reached a tentative settlement of their case, their attorney said Tuesday.

Lorae Bermudez of Whittier suffered a lacerated liver when she was struck about 4:20 p.m. on Sept. 15, 2014, according to her court papers. She and her husband, Thomas Kim, sued Los Angeles County two months later, alleging negligence and negligent infliction of emotional distress.

The amount and terms of the settlement were not divulged. But the couple's attorney, Robert Glassman, said it is subject to approval by the Board of Supervisors, which must sign off on all settlements above $100,000.

"She (Bermudez) still shudders at the thought that this happened to her and could happen to other innocent people at the beach," Glassman said. "She'll never forget. But she's happy to put this behind her and move on with her life with her family."

According to her June 2015 deposition, Bermudez, then 26, was alone and lying on a beach towel on the sand when "I felt this crushing weight come over me." Her husband was swimming in the water at the time.

After the wheels of the SUV had passed over her, Bermudez said she was "able to scream and yell and cry. I knew who it was that ran me over, so I expected immediate help."

She said other sunbathers were present, but they did not respond to her pleas for help. "So at that point I began to scream out, `Somebody please help me,' and I shouted that out several times," Bermudez said.

Bermudez said she asked a man who approached her to find her husband and gave a description of what her spouse was wearing.

Lifeguard Lidia Barillas was deposed last September.

Asked whether she believed in retrospect that she should have noticed Bermudez before running over her, the witness replied, "I hope I see everyone. So, yes, I should have seen her," according to her deposition.

Asked if Bermudez was doing anything wrong at the time, Barillas replied, "No."

"Do you believe that anything she did contributed to the cause of the incident?" Barillas was asked next.

"No, I don't think so," Barillas replied.

"Is there anyone else at fault for this accident?" Barillas was asked subsequently.

"No, I don't think so," Barillas answered.

Barillas said she was traveling 2 to 4 mph in a Ford Escape at the time of the accident. She said she had left her tower to warn swimmers about dangerous conditions and that a warning beeper on her vehicle was activated.

"Do you feel bad about what happened to her?" Barillas was asked.

"Of course I feel bad," she replied.

Barillas testified that Bermudez's husband emerged from the water and appeared "confused" about what had happened.

Asked what she told Kim, Barillas replied, "I told him that I accidentally ran her over and that I was very, very sorry."

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