Case details

Defense claimed timing of trolley doors met industry standards

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, hip, left hip
FACTS
In October 2012, plaintiff Joanne Tweed, 83, a teacher’s assistant at San Diego State University, arrived late at San Diego State’s trolley station. Although the trolley doors were already closed, the operator allegedly reactivated the doors in order to allow Tweed to board. Tweed claimed she subsequently fell inside the trolley and injured her left hip. Tweed sued San Diego Trolley Inc. and the Metropolitan Transit System (which was initially erroneously sued as Metropolitan Transit Development Board). Tweed alleged that the trolley driver was negligent in the operation of the trolley and that San Diego Trolley Inc. and the Metropolitan Transit System were liable for the driver’s actions. Plaintiff’s counsel contended that Tweed was not provided adequate time to get to a seat before the trolley began to move. The plaintiff’s mechanical engineering and railroad experts opined that the trolley should have had a greater stop time of at least 20 seconds. Defense counsel, who relied on non-retained experts such as the Superintendent of Transportation for San Diego Trolley, the Superintendent of Light Rail Maintenance for San Diego Trolley and the Manager of Trolley Operations Training for San Diego Trolley, contended that the doors to the trolley follow their own timing sequence. Counsel also contended that the trolley cannot move unless the doors close and that the timing for the San Diego trolleys are in accordance with the industry standards, set by the industry, and that every light rail operator and worldwide rail operator follows a similar sequence., Tweed sustained a fracture of the left hip. She subsequently presented to a hospital after her fall and remained hospitalized for five days. She was then transferred to a skilled nursing facility for 15 days of rehabilitation. Tweed ultimately underwent an internal fixation of her hip with the insertion of pins and underwent physical therapy. Seven months after the subject accident, Tweed fell in her backyard and suffered a right pelvic fracture. She claimed her left hip was still unstable, causing the fall. She also claimed her hip injury put her in a weakened state and caused her balance to be off. The plaintiff’s primary care physician opined that the second fall was causally related due to Tweed’s balance issues after the subject accident. The plaintiff’s other treating physicians, including her orthopedic surgeon, opined that Tweed’s hip injury resolved, but could not opine one way or another whether the second fall was causally related to the hip injury. However, the physicians admitted that Tweed had balance issues with her left hip. Defense counsel argued that the two falls were not causally related. Counsel contended that Tweed was released from the care of her orthopedic surgeon in good shape and that, as far as her hip was concerned, no limitations were noted. Additionally, defense counsel contended that by January 2013, Tweed had returned to her position as a teacher’s assistant at San Diego State University in the International Program. Defense counsel contended that Tweed’s fall could have been caused by many factors. The defense’s expert orthopedic surgeon opined that the hip injury from the subject accident was resolved and not fully healed, but that it was speculative to say the second fall was causally related.
COURT
Superior Court of San Diego County, San Diego, CA

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