--- title: "McGaff v. SDMTS: $8.5M Verdict for Transit Chokehold Death" meta: "og:description": "A San Diego jury awarded $8.5 million to the family of Anthony McGaff after a transit bus driver failed to intervene during a fatal eight-minute chokehold." "og:title": "McGaff v. SDMTS: $8.5M Verdict for Transit Chokehold Death" description: "A San Diego jury awarded $8.5 million to the family of Anthony McGaff after a transit bus driver failed to intervene during a fatal eight-minute chokehold." --- January 29, 2026 # **McGaff v. SDMTS: $8.5M Verdict for Transit Chokehold Death** A San Diego jury awarded $8.5 million to the family of Anthony McGaff after a transit bus driver failed to intervene during a fatal eight-minute chokehold. [**Personal Injury**](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/jury-verdict/category/personal-injury) [**Wrongful Death**](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/jury-verdict/category/wrongful-death) ### **Outline** Author ![](https://media.jurimatic.com/cdn-cgi/image/q=70/profile_images/shared_image_1.webp) **Sohini Chakraborty****Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/MCGAFF.webp) In a tragic incident on a San Diego Metropolitan Transit System (SDMTS) bus, passenger Anthony McGaff lost his life after being placed in a lethal chokehold by another rider, Edward Hilbert. The altercation began when a third party started filming McGaff, leading to a confrontation where Hilbert intervened with force. Despite the visible struggle and the pleas of other passengers, the bus operator continued driving for approximately eight minutes without stopping the vehicle or summoning emergency services. A San Diego Superior Court jury found that SDMTS breached its "common carrier" duty to protect its passengers. The jury awarded $8.5 million in total damages, identifying the transit system and the intervening passenger as equally responsible for the preventable death. ## **Case Background** On April 30, 2021, Anthony McGaff boarded a San Diego Metropolitan Transit System (SDMTS) bus for a journey that would end in tragedy. During the commute, a confrontation began when a fellow passenger started filming Anthony without his permission. The situation escalated rapidly when another passenger, Edward Hilbert, intervened by placing Anthony in a prolonged chokehold. Despite the visible distress of other riders and the obvious struggle occurring just behind the driver’s seat, the bus operator continued driving the route for approximately eight minutes without stopping or calling for emergency assistance. Anthony died from asphyxiation before the bus finally came to a halt. His mother, Angela McGaff, and James Smith filed this lawsuit to hold the transit agency accountable for the fatal lack of intervention. ### **Cause** The Plaintiffs alleged that SDMTS breached its duty as a common carrier, which requires the highest level of care for passenger safety. They contended that the driver had access to mirrors and internal communication systems that should have been used to identify the life-threatening emergency. The lawsuit claimed that the agency’s failure to properly train its drivers to handle violent outbursts and its employee’s failure to call 911 immediately led directly to Anthony's death. ### **Injury** The incident resulted in the death of Anthony McGaff due to manual strangulation. Evidence presented during the proceedings indicated that Anthony suffered extreme physical pain, panic, and the agony of slow suffocation during the final minutes of the bus ride. His family also suffered the permanent loss of his love, guidance, and companionship. ### **Damages Sought** Angela McGaff and James Smith sought compensation for the immense financial and emotional toll of the incident. Their legal team requested economic damages for funeral and burial costs, as well as the loss of future financial support. They also pursued non-economic damages for the mental anguish and emotional distress caused by the wrongful death, along with "Survival Action" damages for the pain and suffering Anthony experienced before he passed away. ## **Key Arguments and Proceedings** The trial centered on the specific legal obligations public transit agencies owe to their passengers and whether the driver’s inaction constituted a breach of those duties. ### **Legal Representation** **Plaintiff(s):** Angela McGaff (individually and as successor-in-interest to the Estate of Anthony McGaff) | James Smith · **Counsel for Plaintiff(s):** Ardy Pirnia | Brian R. Mason | John H Gomez | John K Landay **Defendant(s):** San Diego Metropolitan Transit System (SDMTS) | the City of San Diego · **Counsel for Defendant(s):** Roger P. Bingham | Norma A Morales ## **Key Arguments or Remarks by Counsel** The Plaintiffs' counsel argued that a transit driver cannot simply ignore a violent assault occurring on their vehicle. He highlighted that the driver continued the route as if nothing were wrong while a passenger was being strangled. The defense for SDMTS argued that the agency was not responsible for the unpredictable and criminal actions of third-party passengers. They maintained that the driver acted according to the information available at the time and that the responsibility lay solely with the individuals involved in the physical altercation. ### **Claims** The case involved two primary legal claims against the transit system. **Common Carrier Liability** The Plaintiffs asserted that SDMTS, as a common carrier, failed to provide the "utmost care" required by law to protect Anthony from harm during transit. **Wrongful Death and Survival Damages** This claim sought to compensate the family for their personal loss and to recover damages for the physical suffering Anthony endured between the start of the chokehold and his death. ### **Defense** SDMTS denied all allegations of negligence. The agency argued that the incident was caused by the intervening acts of Edward Hilbert, Alexander Martinez, and Merida Giron. They also claimed that Anthony McGaff’s own actions contributed to the confrontation. Furthermore, the defense raised statutory immunities, arguing that the public entity could not be held liable for the criminal acts of third parties or for the discretionary decisions made by its employees during an active emergency. ### **Jury Verdict** On November 7, 2025, the jury delivered a verdict in favor of the McGaff family. They determined that SDMTS failed to perform its common carrier duty and that this failure was a substantial factor in Anthony McGaff's death. The jury awarded total damages of $8,500,000, broken down as follows: - $3,300,000 for Anthony McGaff’s pain and suffering before his death. - $5,200,000 for Angela McGaff and James Smith’s loss of their son’s love and companionship. The jury also assigned percentages of responsibility to all parties involved in the tragedy. While they found Anthony McGaff was negligent, they ruled his negligence was not a substantial factor in his death, assigning him 0% fault. The final apportionment of responsibility was: - San Diego Metropolitan Transit System: 40% - Edward Hilbert: 40% - Alexander Martinez: 15% - Merida Giron: 5% Court documents are available upon request at [jurimatic@exlitem.com](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/mailto:jurimatic@exlitem.com) [Share with Facebook](https://www.facebook.com/sharer/sharer.php?u=https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death) [Share with X](https://x.com/intent/post?url=https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death&text=x) [Share with LinkedIn](https://www.linkedin.com/sharing/share-offsite/?url=https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death) [Share with Email](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/mailto:?body=https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death&subject=email) [Share with WhatsApp](https://api.whatsapp.com/send?text=https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death%20whatsapp) ### **Find your next Expert Witness today** ![Sanjay Adhia](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/_ipx/q_80/user-default.svg) ###### **Sanjay Adhia** Forensic Psychiastry ![George Reis](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/_ipx/q_80/user-default.svg) ###### **George Reis** Forensic Imaging ![Maria Babinetz](https://exlitem.com/jury-verdict/mcgaff-v-sdmts-85m-verdict-for-transit-chokehold-death/_ipx/q_80/user-default.svg) ###### **Maria Babinetz** Vocational Rehabilitation Find and retain experts without brokerage or upcharge. ### Looking for more? 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