Case details
Defense: Student suffered no back injuries from bus braking
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, soft tissue
FACTS
On Jan. 19, 2011, plaintiff Jalayzha Stroud, 14, a high school freshman, was a seated passenger on an Alameda-Contra Costa Transit District bus that was traveling on Hesperian Boulevard when the bus applied its brakes to avoid a collision with another vehicle at the intersection with Cathy Way, in Hayward. Jalayzha claimed the abrupt application of the brakes caused to her back. Jalayzha sued Alameda-Contra Costa Transit District. Jalayzha alleged that the bus driver was negligent in the operation of the bus and that Alameda-Contra Costa Transit District was vicariously liable for the negligence of its driver. Specifically, she claimed the bus was following the vehicle in front of it too closely, resulting in the abrupt stop. Defense counsel contended that there was an urgent situation, in that the vehicle in front of the bus stopped short at the intersection’s traffic light., Emergency room personnel asked Jalayzha at the scene to call her mother to get clearance to transport her to the E.R., and Jalayzha was transported to the hospital immediately thereafter. Jalayzha claimed that her knees and both shoulders struck the seat back in front of her. The E.R. physician then examined her opined that Jalayzha suffered soft-tissue to her back. A few weeks later, Jalayzha saw another physician and underwent 12 weeks of physical therapy, consisting of two sets physical therapy sessions over the course of 12 months. Jalayzha claimed that despite treatment, she continues to have pain in her back, even at rest. She claimed that she was a star basketball player, but that her back injury prevented her from continuing to play for a period of time, and that when she was able to go back to playing, her condition still affected her. Thus, she alleged her back injury prevented her from obtaining basketball scholarships to college. Defense counsel contended that Jalayzha suffered no injury, as there was a video of the incident that showed that Jalayzha’s actions were not consistent with her alleged . Specifically, counsel contended that no one was allowed to leave the scene until law enforcement and emergency room personnel arrived. Defense counsel noted that during that time, the video show Jalayzha adjusting her backpack, standing up and sitting down, turning and twisting her back to talk to the other minors who were on the bus, as well as showed Jalayzha joking and making comments with the other minors.
COURT
Superior Court of Alameda County, Oakland, CA
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