On Oct. 20, 2011, at approximately 8 a.m., plaintiff Kumba Bhonopha, 42, a home health care worker, boarded an Alameda-Contra Costa bus on Santa Clara Avenue in Alameda. Bhonopha claimed that before she could get into a seat in the front of the bus, the driver pulled out of the stop, which caused her to fall to the ground and injure her left shoulder. Bhonopha sued the driver of the bus, Sean Collins, and the Alameda-Contra Costa Transit District. Bhonopha alleged that Collins was negligent in the operation of the bus and that the transit district was liable for Collins’ actions through the course and scope of his employment. Bhonopha claimed that Collins was negligent for accelerating while pulling out of the bus stop before she was secured in her seat, causing her to fall. The fall was captured on the bus’s security camera. Defense counsel argued that the incident was an unfortunate accident, absent of any negligence. Counsel contended that Collins acted within the common carrier standard of care, as the policies and procedures for leaving bus stops that were followed met the standard of the transit industry. Counsel also contended that Bhonopha had crossed the yellow safety line and passed up available seats prior to the bus moving. Thus, defense counsel argued that there was no duty of care requiring Collins to wait for Bhonopha to be seated before moving the bus, in that the bus was permitted to have standing passengers and that Bhonopha was not elderly and/or disabled., Bhonopha was taken by ambulance to an emergency room, where she was treated and released. After complaining of pain in her left shoulder, she underwent an MRI four months after the incident and was diagnosed with a torn rotator cuff tendon. Bhonopha treated with physical therapy and received a cortisone injection, but she claimed she had no legitimate relief. Ultimately, in February 2013, she underwent arthroscopic surgery on her left shoulder, where it was discovered she had two torn rotator cuff tendons. Bhonopha then followed up with eight to 10 weeks of physical therapy, but she claimed minimal improvement in her left shoulder. According to the plaintiff’s treating orthopedic surgeon, Bhonopha is a candidate for future surgery on her left shoulder due to her alleged ongoing pain, discomfort and reduced mobility. Bhonopha missed 10 days of work immediately after the incident and an additional three to four months post-surgery. Thus, Bhonopha sought recovery of $52,600 in past medical costs, $12,000 in past lost earnings, $25,000 to $30,000 in future surgical costs (plus additional corresponding treatment), and an unspecified amount of damages for her pain and suffering. Defense counsel argued that Bhonopha’s left shoulder injury was not causally related to the subject incident, contending that the impact of the fall was to her right shoulder. Counsel also noted Bhonopha’s delayed MRI diagnosis, which was four months after the incident, and argued that in the interim before the MRI, Bhonopha was performing a lot of heavy lifting at work.