Case details

Plaintiff’s attempt to pass bus caused crash, defense argued





Result type

Not present

back, cervical, lumbar, neck, sprain, strain
On Dec. 15, 2016, plaintiff Zewditu Dossegnaw, a registered nurse assistant in her 50s, was driving on University Avenue, near its intersection at Highland Avenue, in San Diego. While she was attempting to pass a Metropolitan Transit System bus, the right, rear of her vehicle was struck by the left, front bumper of the bus. Dossegnaw sustained to her neck and back. Dossegnaw sued Metropolitan Transit System and the believed driver of the bus, Ambrose Sykes. Dossegnaw alleged that Sykes was negligent in the operation of the bus and that Metropolitan Transit System was vicariously liable for the bus driver’s actions. Sykes was ultimately let out of the case, and the matter continued against Metropolitan Transit System. Plaintiff’s counsel argued that the bus driver failed to yield to Dossegnaw. Counsel contended that the bus tried to merge into Dossegnaw’s lane and that as the bus merged left, it rear-ended Dossegnaw’s vehicle. Defense counsel contended that the Metropolitan Transit System bus occupied the single lane for eastbound traffic and that Dossegnaw attempted to pass the bus by pulling into the lane for oncoming traffic and then cut back in front of the bus. Counsel argued that the bus had the right of way and that Dossegnaw just had to wait, instead of attempting to pass the bus., Dossegnaw sustained soft tissue strains to her neck and back. She presented to an emergency room on the day of the accident and then saw her treating chiropractor one week later. She ultimately underwent a few months of chiropractic treatment. Dossegnaw’s treating chiropractor testified that Dossegnaw’s condition was not completely resolved and that Dossegnaw was still on light duty at work. Dossegnaw sought recovery of around $5,000 in past medical costs, and an unspecified amount of damages for her past and future pain and suffering.
Superior Court of San Diego County, San Diego, CA

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