Case details

Airport shuttle’s abrupt stop caused fall, passenger claimed

SUMMARY

$311795

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
left elbow, nerve, neurological, radicular pain, radiculitis
FACTS
On Dec. 15, 2010, plaintiff Paula Edwards, a woman in her 40s who works in the banking industry, was at Los Angeles International Airport, on her way back to Texas from a business trip, when she boarded a full airport shuttle bus and remained standing while holding onto a railing with her left, non-dominant hand. The shuttle bus, operated by Jose Cabrera, was in the westbound number 2 lane (the number 1 lane was the left-most, fast lane) on Century Boulevard when it entered the intersection with Bellanca Avenue and stopped suddenly due to a vehicle making a left turn in front of the shuttle bus from eastbound Century Boulevard. As a result, Edwards fell forward to the front of the shuttle bus, her left elbow. Edwards sued Cabrera; and Cabrera’s employer and owner of the shuttle bus, Enterprise Rent-A-Car Company of Los Angeles LLC, which was doing business as National Car Rental Inc. Edwards alleged that Cabrera was negligent in the operation of the bus and that Enterprise Rent-A-Car was vicariously liable for Cabrera’s actions under respondeat superior. Edwards contended that Cabrera failed to bring the shuttle bus to a safe and controlled stop at a red traffic light, and entered the intersection on the red light. She contended that as a result, Cabrera slammed the brakes and brought the shuttle bus to an abrupt stop within the intersection, which is a violation of California’s Vehicle Code. The plaintiff’s bus driver training expert, who was a former charter bus driver and is now a consultant and trainer for school bus drivers, testified about what a bus driver must do once approaching an intersection. He also testified that even if there is a green light, the bus driver approaching the intersection must remain vigilant and anticipate the light turning yellow or red. The expert further testified that, in this instance, the phantom vehicle could turn left because that lane was uncontrolled, so Cabrera was required to decelerate and bring the shuttle bus to a slow stop, as he had passengers on the shuttle bus who were standing. Defense counsel contended that Cabrera entered the intersection on a yellow light and that he could have gone through the intersection had it not been for the turning vehicle. Thus, counsel argued that it was not Cabrera’s fault because there was no way a driver could have anticipated that another driver would turn left in front of the shuttle bus. Defense counsel further argued that if Cabrera had a green light, then that’s all that mattered, as he had the right of way. Thus, counsel argued that it was the phantom driver’s fault for turning in front of the shuttle bus., Edwards injured the ulnar nerve of her left elbow, which primarily controls grip strength and her ring and pinkie fingers. She subsequently presented to a hospital the next day, and first treated with anti-inflammatories and a splint with padding, which was to be worn at night to keep the arm straight. However, Edwards continued to experience tingling, numbness and pain radiating down her left arm. As a result, she underwent a decompression surgery 1.5 years later to clear some scar tissue in order to relieve the pain. When Edwards still experienced problems, she underwent a second surgery, an ulnar transposition, 10 to 11 months later, to move the ulnar nerve behind the tendon so it would not stretch and cause Edwards pain. Edwards claimed that she still has pain and tingling when she moves her arm a certain way. She alleged that she still does everything she used to do, but with pain. However, she alleged that, in some instances, she can no longer partake in activities she once enjoyed, such as ride her bike and throw the football around with her teenaged son. She also alleged that she has problems with sweeping and gardening. Edwards claimed that her job involves mainly office work, but that she travels and has continued to do so for work. However, she alleged that just dragging her rolling suitcase and talking on the phone causes her pain. Edwards claimed that she takes over-the-counter medication for her pain, but that a potential remedy is a third elbow surgery. She claimed that her only other choice is to just to live with the pain and discomfort. She further claimed that even though a third surgery is a possibility, it is less certain that a third surgery will provide any relief. Defense counsel disputed whether Edwards will require a third surgery. The defense’s neurosurgery expert testified that there was insufficient evidence to support a third surgery. Defense counsel also noted that the plaintiff’s expert orthopedic surgeon indicated that more testing would have to be done before he could categorically state whether Edwards would require a third surgery.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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