Case details

Trolley passenger not injured by sudden stop, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back sprains, knee, meniscus, neck, tear
FACTS
On July 2, 2012, at 1:45 p.m., plaintiff Freddie Soto, 35, a welder, was riding on the San Diego Trolley, which was traveling east from La Mesa to El Cajon, when he allegedly fell out of his seat after the trolley operator applied the brakes. Soto sued the Metropolitan Transit System. Soto alleged that the trolley operator was negligent in the operation of the trolley and that the Metropolitan Transit System was vicariously liable for the operator’s negligence. Soto claimed that the trolley was speeding and that the trolley operator applied the brakes too hard when he saw a red light. However, he claimed that the trolley ran the red light before suddenly stopping, which caused him to fly out of his seat and become injured. Defense counsel contended that the trolley was not speeding and that the operator’s braking was done in a reasonable manner. Counsel further contended that although the braking was somewhat hard, it was done in a manner that should have caused Soto to come out of his seat. In addition, counsel noted that the trolley stopped only five feet past the red light., Soto claimed he suffered sprains and strains of the neck and back. He also claimed he suffered a torn meniscus of the right knee. Soto ultimately underwent arthroscopic surgery on his right knee and then underwent two months of physical therapy. He also treated his back and neck with Dr. William Tontz, an orthopedist. Soto claimed he missed some time from work, as well as missed several side work opportunities. Specifically, he claimed that could not perform handyman and construction jobs offered to him by his grandmother over the months. Soto alleged that he was ultimately able to return to work as a welder, but that his are aggravated by his work. Thus, Soto sought recovery of $50,000 in medical costs and an unspecified amount in lost wages. Defense counsel disputed the cause of Soto’s alleged . Counsel contended that in order to have a torn meniscus, it is necessary to have a twisting injury, which would not have occurred during the alleged incident. Counsel also noted that neither the plaintiff’s expert orthopedist, Dr. Jon Kelly, nor the defense’s expert orthopedist, Dr. Raymond Vance, saw any evidence of a twisting injury to Soto’s right knee.
COURT
Superior Court of San Diego County, San Diego, CA

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