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ARTICLE ID 194161

$________ – Bus Negligence – Bus that the plaintiff had been a passenger on ran him over as he crossed the street shortly after exiting the bus – Heel fracture – Fractures of distal ends of 2nd, 3rd and 4th metatarsals of right foot

Los Angeles County, CA

In this negligence matter, the plaintiff pedestrian alleged that he was struck by the defendant’s bus as he attempted to cross the street in a crosswalk, shortly after disembarking from the same bus. The defendant denied the allegations and maintained that the plaintiff was running into the street at the time he was struck.

On March 23, ________, the 72-year-old male plaintiff was returning from a bus tour trip to a casino. At approximately 5 p.m., he exited the bus at the corner and walked approximately one-half block. As the plaintiff was crossing the street in the crosswalk, he was struck by the same bus he had just exited when it made a right turn as the plaintiff was lawfully crossing the street. As a result of the incident, the plaintiff suffered injuries to his right foot. He was diagnosed with a heel fracture and fractures of the distal ends of the 2nd, 3rd, and 4th metatarsals of his right foot. The plaintiff still experiences pain and arthritis in his foot as a result of the being run over by the defendant’s bus.

The plaintiff brought suit against the defendant bus company alleging negligence by its operator in failing to observe the plaintiff lawfully crossing the street prior to making a right turn and running over the plaintiff’s foot. The defendant denied the allegations, and maintained that the plaintiff ran out into the street suddenly, while looking behind him, since he was running to catch another bus. The defendant maintained that the plaintiff ran into the rear of the defendant’s bus, because he was not looking where he was going.

The matter proceeded to trial. The defendant had offered the sum of $________ to settle the case prior to trial. The defendant filed a motion for a new trial which was denied by the court. The defendant has appealed the plaintiff’s verdict on a theory of excessive damages.At the conclusion of the trial, the jury deliberated for two hours and returned its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff the sum of $________ in damages.

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