Case details

Bus camera showed passenger did not fall out of seat: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
aggravation of pre-existing condition surgery, knee replacement, osteoarthritis
FACTS
On June 27, 2017, plaintiff Laura LaBoube, a 52-year-old unemployed woman, was seated in the cart area of a transit bus with her cart placed between her knees and the seat in front of her. The bus came to a sudden stop to avoid a vehicle, and LaBoube claimed that she fell on the floor and suffered of her knees. LaBoube sued the owner of the bus, the Metropolitan Transit System, also known as MTS, and initially erroneously sued as the San Diego Metropolitan Transit System. LaBoube alleged that the bus’s driver was negligent in the operation of the bus and that MTS was vicariously liable for the driver’s actions. LaBoube’s bus safety expert opined that the bus’s operator failed to follow the MTS “four second rule,” in which the operator has to be at least four seconds behind the vehicle in front of the bus at all times the bus is not on a freeway. Plaintiff’s counsel also attempted to use the MTS onboard tracking system to show that the operator was not following the four second rule, but defense counsel contended that there was a lag in the tracking system by a few seconds. Defense counsel noted that the operator was trying to avoid a vehicle that cut off the bus. The defense’s in-house safety expert for MTS opined that the operator of the bus was following procedure, as the bus had time for the vehicle in front of it to move and that the operator then increased the distance between the vehicle and properly braked. Defense counsel noted that the bus had cameras inside and outside of the bus, making up 10 cameras in total, and that LaBoube’s alleged fall was outside the scope of the cameras. Counsel argued that although the cameras showed that LaBoube shifted forward in her seat, she did not fall to the ground, as she testified at trial. Defense counsel also disputed LaBoube’s credibility, pointing out to the jury that LaBoube was convicted of a felony for identity theft of her ex-husband., LaBoube filled out a card at the scene stating that she was fine, but she presented to an emergency room later that evening. She claimed that the accident aggravated pre-existing knee pain and caused her need to have a total knee replacement on her right knee. At the time of the accident LaBoube was morbidly obese, weighing more than 350 pounds, but she had bariatric surgery several months before the accident, so she weighed around 160 pounds by the time of trial. As a result of her health, she had pain in her knees, which required surgery, as well as fibromyalgia. LaBoube claimed that the accident aggravated the pain in both knees as well as exacerbated her need for surgery to both knees. Since she was already undergoing physical therapy and pain management before the accident, she continued with that course of treatment after the accident. Ultimately, LaBoube underwent a total knee replacement on her right knee in May 2018. LaBoube claimed that she continues to have problems with both knees and that she will need a total knee replacement on the left knee. LaBoube’s expert orthopedic surgeon, who performed LaBoube’s knee replacement, opined that the accident caused the need for the surgery. Plaintiff’s counsel asked the jury to award LaBoube $250,000 in total damages, which included past and future medical costs, and past and future pain and suffering. Defense counsel disputed the cause of LaBoube’s alleged , noting that LaBoube’s treating orthopedic surgery expert testified that LaBoube had been to the emergency room 27 times the same year as the alleged accident. The defense’s orthopedic surgery expert testified that prior to the alleged accident, LaBoube had in excess of 17,000 medical records that included documented knee pain and treatment for the pain. The expert read through all of LaBoube’s records and talked about her medical history. As a result of his findings, the expert opined that the subject accident did not cause LaBoube’s need for surgery. Defense counsel noted that LaBoube had already been told by her doctors that she would need surgery on both knees because of osteoarthritis in her knees due to her weight.
COURT
Superior Court of San Diego County, San Diego, CA

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