Case details

Defense claimed trolley driver braked to avoid collision

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, back, cervical, disfigurement, face, fracture, jaw, lumbar, neck, neurological, nose, radicular pain, radiculitis, scar, sprain, strain
FACTS
On April 18, 2010, plaintiff Kim Nelson, 45, a licensed vocational nurse, got on a San Francisco Muni Trolley Coach at Cabrillo Street, near La Playa, and headed toward the back of the trolley with her 5-year-old daughter. The trolley then pulled away from the bus stop and into traffic, but when the trolley braked, Nelson fell and fractured her right, dominant arm, above the wrist. Nelson sued the city and county of San Francisco, and the San Francisco Municipal Railway. She alleged that the defendants were liable for the negligence of the trolley driver, who failed to owe a duty of utmost care for the safety of his passengers. Nelson claimed that she was carrying groceries when she got on the trolley and that when she handed the driver her bus transfer, she asked him to wait until she could get to the back and sit with her 5-year-old daughter. She claimed that the driver acknowledged her request, but that while all passengers were still getting to their seats, the driver pulled away from the bus stop and into traffic, and subsequently caused her fall when he braked. Defense counsel noted that the onboard video showed a car, which was traveling in the opposite direction on Cabrillo Street, making a left turn across the path of the trolley bus, without signaling in an uncontrolled intersection, half a block from where Nelson boarded the coach. Accordingly, counsel contended that the operator braked hard to avoid a collision. Defense counsel also noted that Nelson admitted that she was not holding on when the operator braked. Thus, counsel argued that Nelson was afforded ample time to sit down and hold on, that the sudden stop was necessary, and that the reason Nelson fell was that she was not holding on., Nelson sustained a displaced fracture of the right ulna shaft, cervical and lumbar sprains and strains with radiculitis, and a jaw contusion. She was initially seen by paramedics and taken to California Pacific Medical Center, where she was given X-rays, pain medication, injections and treated with a splint. Nelson ultimately underwent internal fixation with the insertion of a large plate and four screws on May 14, 2010, at Presidio Surgery Center. Nelson continued her follow-up care through an orthopedic group, had physical therapy following the repair of the fracture, and saw her primary care physician for treatment. She also required a prescribed home electrical stimulator and personally paid for an arm sling. However, Nelson is left with a permanent scar on her right arm. She also claimed she lost 504 hours from her job between April 18, 2010, and Sept. 12, 2010, as well as 38.32 hours of sick leave and 49 hours of vacation time. Thus, Nelson claimed that her total economic loss amounted to $29,406.18. Defense counsel did not dispute Nelson’s or economic damages.
COURT
Superior Court of San Francisco County, San Francisco, CA

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