Case details

Plaintiff claimed head injury from bus’s disengaged pole

SUMMARY

$266740

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, traumatic brain injury
FACTS
On July 9, 2016, plaintiff Justin Zanders, 19, a student and a caterer’s part-time employee, was walking down a sidewalk in San Francisco when a power pickup pole on an electric municipal bus became disengaged from an overhead wire, swung around, and struck him on the head. Zanders claimed he suffered an injury of his head and was briefly knocked unconscious. A video camera on the bus partially capture the incident. Zanders sued the bus’s owner, the city and county of San Francisco. Zanders alleged that the city was negligent in the maintenance of the bus, creating a dangerous condition. Zanders’ counsel contended that the overhead power pickup was never supposed to be able to swing down and strike pedestrians and that discovery showed that the subject bus was recently repaired for the same issue. The city stipulated to liability at trial., Zanders sustained a mild traumatic brain injury and was knocked unconscious, but regained consciousness in about 30 seconds. He was taken by ambulance to Zuckerberg San Francisco General Hospital and Trauma Center, in San Francisco, where a laceration was sutured, and he underwent X-rays and a CT of the head. Zanders then had two neurology visits, and underwent many chiropractic treatments for an alleged neck injury. During pre-trial workup, the plaintiff’s retained neurology expert ordered advanced-technique MRI sequences, which showed four white matter lesions on the frontal lobe. He opined that the white matter lesions were evidence of Zanders’ brain injury. Zanders claimed he sustained a lifelong injury, which will require future neurological and mental health care. He also claimed he requires counseling to help him cope with ongoing mild traumatic brain injury issues. He alleged that as a result, he had to quit both his job and a position on his college’s football team, as he could no longer play because of the head injury. He claimed his doctors advised him to avoid further contact sports, so he lost the opportunity to build a football career. Plaintiff’s counsel asked the jury to award Zanders damages as high as $1.6 million, including almost $45,000 in past medical costs for emergency room services and follow-up care with a neurologist and chiropractor, as well as unspecified damages for his past and future pain and suffering. Defense counsel contended that Zanders only sustained a laceration and very mild concussion, noting that Zanders’ X-rays and CT scans at the hospital were negative. Counsel also contended that Zanders only required some minimal, reasonable chiropractic treatment. The defense’s expert neurologist opined that the white matter lesions shown on the MRI were incidental findings, which could be typically be benign and seen in anyone. The defense’s medical experts opined that Zanders recovered well from his injury and would not require any future care.
COURT
Superior Court of San Francisco County, San Francisco, CA

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