Case details

Pedestrian claimed traumatic brain injury after struck by bus

SUMMARY

$950000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, depression, mental, psychological, sensory, speech, traumatic brain injury, vertigo
FACTS
On Dec. 30, 2011, at approximately 6:41 p.m., plaintiff Gregory Cobbs, 61, a part-time paint salesman, was heading home from work on a West Contra Costa Transit bus when he disembarked at the intersection of Sycamore Avenue and San Pablo Avenue in Hercules. However, when he attempted to traverse the intersection in a marked crosswalk, he was struck by a different West Contra Costa Transit bus, which was making a right turn from San Pablo Avenue onto Sycamore Avenue. As a result, Cobbs suffered a mild traumatic brain injury and an ulnar nerve injury. Cobbs sued West Contra Costa Transit Authority and the operator of the bus, Linda Fox. He alleged that Fox was negligent in the operation of the bus and that the transit authority was vicariously liable for her actions. Fox was ultimately dismissed from the case, and the matter continued against the transit authority only. Cobbs claimed that after disembarking from the bus, he proceeded to the corner of the intersection, pressed the pedestrian button, waited for the light to turn green, and then began traversing the intersection inside the marked crosswalk. Thus, he claimed the bus operator failed to yield to pedestrian traffic in the crosswalk. The whole incident was captured on the bus’ video camera. West Contra Costa Transit Authority subsequently conducted an immediate investigation, determined the bus operator was at fault, and terminated her from employment., Cobbs sustained a mild traumatic brain injury, as well as neuropathy/entrapment to his left ulnar nerve. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. However, Cobbs, who didn’t have health insurance, was denied treatment at Kaiser Permanente and an outside public health facility, and essentially proceeded without treatment. As a result, he was evaluated by a neuropsychologist, neurologist and orthopedist as part of the litigation. Cobbs claimed his traumatic brain injury causing him to suffer from vertigo, dizziness and cognitive impairments, affecting his executive functioning and memory. He also claimed he deals with mood swings and depression, and seeks surgery to treat his ulnar nerve neuropathy/entrapment. Following the accident, Cobbs was terminated from his part-time job on the ground that he never produced a doctor’s note or medical records to explain his absence. Thus, Cobbs sought recovery of damages based on his past and future pain and suffering, plus an inability to return to work at a salary of $17.50 an hour. His wife, Janice Cobbs, sought recovery of damages for her loss of consortium. Defense counsel contended that based on Mr. Cobbs’ work records, he had many of the cognitive impairments found on testing before the accident occurred. Thus, counsel contested the severity of Mr. Cobbs’ alleged traumatic brain injury.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case