On Nov. 24, 2012, plaintiff Marline Moore, 71, a retired and disabled bus passenger, was attempting to exit a Victor Valley Transit Authority bus at a bus stop located at the intersection of Quinnault Road (a dirt road) and Bear Valley Road (a regular highway), in Apple Valley, a rural, high desert area. The actual stop was professionally made of compact dirt by engineers. The bus driver, who was a floating bus driver who had never dropped someone off at that stop before, had attempted to pull over where Moore instructed. Moore, who was using a power scooter due to her inability to ambulate without a walker or other assistive device, descended the bus’s disabled passenger ramp. However, after her last wheel hit the ground, the 70-pound scooter tipped over, causing her to fall onto her right side. Moore claimed to her neck and right shoulder. Moore sued the owner of the bus, Victor Valley Transit Authority; and the company that operated the bus, Transdev Services Inc. (formally known as Veolia Transportation Services Inc. and Veolia Transportation Maintenance and Infrastructure Inc.). Moore had also initially named the county of San Bernardino as a defendant, but it was let out of the case after the court granted its motion for summary judgment. In addition, the court granted defense counsel’s motion for nonsuit as to Victor Valley Transit Authority, and it was granted. Thus, the matter continued against Transdev/Veolia only. Plaintiff’s counsel contended that the driver of the bus was unfamiliar with the subject bus stop and pulled too far to the right, passing the stop by approximately 40 feet. Counsel contended that as a result, the driver lowered the ramp down in an area comprised of uneven, soft sand. Plaintiff’s counsel maintained that as a result, there was no traction for Moore’s scooter, which caused it to tip over. In addition, counsel called an independent witness, who testified that the driver was past the designated bus stop and had lowered the ramp in an area that caused it to dead-end into the bottom of a berm of soft sand. Thus, plaintiff’s counsel argued that the bus driver was negligent for dropping Moore off at night in a location that was not suitable for the exiting ramp and that Transdev Services was liable for the bus driver’s actions. The bus driver claimed that he dropped Moore off on a flat surface that was comprised of compacted gravel and dirt. Defense counsel contended that the subject location was very near to the designated stop and that it was safe. Counsel also contended that there were previous times where Moore had exited the stop where there was hard gravel and dirt and that Moore was able to safely exit the buses. Thus, defense counsel argued that Moore was negligent in the operation of her power scooter on the subject date., Two days after her fall, Moore presented to her primary care doctor with complaints of pain to her neck and right shoulder. Moore claimed she aggravated her prior cervical fusion and injured her arthritic shoulder, which she previously dislocated in a prior fall. She ultimately underwent shoulder replacement surgery several months after the incident. Moore claimed that she had a good outcome following the shoulder surgery. However, approximately one year after the bus incident, she fell again, this time in her home. She claimed the fall in her home occurred as a result of myelopathy in her legs, which she developed as a result of the aggravation of her cervical spine during the bus incident. Moore also fractured her left leg during the fall in her home, which had to be amputated due to complications associated with poor lower-extremity circulation due to her pre-existing vascular disease. Moore sought recovery of $120,000 for the total medical costs paid by Medicare and an unspecified amount for her future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that the shoulder surgery and neck issues were pre-existing and had no relation to the bus fall. Counsel also argued that the loss of Moore’s leg following the fractured she sustained more than a year after the bus incident was in no way related to the bus fall. According to plaintiff’s counsel, defense counsel attempted to augment their expert list mid-trial, but the court rejected the request.