Case details

Suit: Bus company failed to report dangerous actions near bus stop

SUMMARY

$36143291

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
arm, brain, brain injury, cervical, fracture, fusion, leg, neck, subdural hematoma, traumatic brain injury
FACTS
On Oct. 3, 2012, plaintiff Isabella Sanchez, 6, a student, was being walked to her school bus stop, in Highland, by an adult neighbor of her grandparents. During the walk, the neighbor was unable to stop Isabella from darting onto Ninth Street, mid-block. Isabella was struck by a Subaru Impreza operated by Lillian Vo. Isabella sustained to her head, neck, pelvis, arms and legs. Isabella’s parents, Carina Sanchez and Daniel Sanchez, acting individually and as Isabella’s guardians, sued Vo; an owner of Vo’s vehicle, Nguyen Tran; the believe maintainers of the roadway, the county of San Bernardino and the city of Highland; Isabella’s school, Bonnie Oehl Elementary School; the operator of the elementary school, the San Bernardino Unified School District; a private company that had a contract with the school districts to provide transportation services, Durham School Services; and a bus driver for Durham School Services, Shanita Mason. Several of the defendants were dismissed from the case, and that matter ultimately continued with only Isabella’s claim, through her mother, against Vo, Mason and Durham School Services. Plaintiff’s counsel noted that parents and students regularly crossed Ninth Street in the middle of the block en route to the subject bus stop that served Bonnie Oehl Elementary School. Parents testified that they did not cross at a nearby controlled intersection because it did not seem dangerous to cross in the middle of the block of Ninth Street. Plaintiff’s counsel contended that school bus drivers never notified the San Bernardino Unified School District about the problem of people crossing Ninth Street mid-block, even though there allegedly was a discipline process in place by the school district and Durham School Services to warn students and parents about dangerous practices at bus stops. According to plaintiff’s counsel, the discipline process included student violators losing bus privileges. Counsel contended that the discipline process could only be invoked if bus drivers reported problems, such as the mid-block crossings, and that, specifically, Mason failed to report and prevent mid-street crossings, which was a clear violation of the school district and the bus company’s own policies and procedures, and could have prevented the subject accident. In addition, plaintiff’s counsel argued that Vo was negligent in the operation of her vehicle. Specifically, counsel argued that Vo was traveling at an unsafe speed in an area where people were known to cross the street to get to a school bus stop and that Vo failed to keep a proper look out. Vo claimed that she was driving within the speed limit and that Isabella was negligent for darting into the street. Counsel for Mason and Durham School Services also argued that Isabella was negligent for darting into the street and that Mason and Durham School Services were not to blame for the collision, as Isabella should have been better supervised., Isabella was ejected 70 feet into the air before she crashed back to the ground and went into cardiac arrest. She sustained a traumatic brain injury, specifically an acute subdural hematoma, and cervical fractures at the C1 and C2 levels. She also sustained a displaced fracture of the left, proximal humerus; a spiral fracture of the left, distal humerus with a medial displacement of the distal fracture fragment; a kidney laceration; fractures of the bilateral superior and right, inferior pubic rami at the pelvis; and a fracture of the left femur with medial and posterior displacement of the distal fracture fragment. Isabella was subsequently transported to a hospital, where she remained for over five months. On the date of the accident, Isabella underwent a craniectomy with evacuation of the subdural hematoma. Seven days later, on Oct. 10, 2012, she underwent surgical fusions of the occiput to C1 and of C1 to C2. During the procedure, she had a plate screwed into the bone of the skull and secured with rods and screws. Isabella also underwent an endoscopy of the upper gastrointestinal system and had a feeding tube placed. She also had a tracheostomy placed and a shunt was placed to drain the fluid from the brain into the stomach. She also underwent shunt revisions. In addition, Isabella underwent surgery, which was performed by her treating orthopedic surgeon, to treat her femur fracture. Plaintiff’s counsel contended that Isabella’s future surgeries would include a cranial flap replacement surgery, scoliosis surgery, gastrointestinal surgery, another shunt revision surgery, and a heel cord lengthening, and hip abduction surgeries. The plaintiff’s treating pediatric neurosurgeon testified about Isabella’s life expectancy. It was undisputed that Isabella needs a 24-hour-a-day licensed, vocational nurse to care for her for the rest of her life.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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