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ARTICLE ID 195248

$________ GROSS Motor vehicle negligence – Bicycle/school bus collision – Red light/green light – Unresolved neck and back injuries – 50% comparative negligence found.

Pinellas County, FL

The plaintiff alleged that she was riding her bicycle through a Pinellas County intersection when a bus, operated by the defendant Pinellas County School Board, drove through a red light and struck her. The defendant maintained that the bus was proceeding on a green light.

The collision occurred during a driving rain as the plaintiff rode her bicycle in a northerly direction. The defendant’s bus was proceeding west when the collision occurred.

An eyewitness for the plaintiff testified, via deposition, that the light was green in the plaintiff’s direction at the time of the collision. The defense argued that the witness could not have seen the traffic light from her position in a vehicle behind the defendant’s bus.

Another witness – an aide on the defendant’s bus – said that he saw the plaintiff on her bicycle before the collision.

The plaintiff’s doctor testified that the plaintiff suffered unresolved neck and back injuries as a result of the accident.

The defendant’s bus driver stated that she was proceeding on a green light, when the plaintiff suddenly appeared in front of the bus. The defense brought out evidence that the plaintiff, age 40 at the time, had three felony convictions. The defense also disputed the ongoing injuries which, the plaintiff claimed, resulted from the impact.After a five-hour deliberation, the jury found the defendant 50% negligent, and the plaintiff 50% comparatively negligent. The plaintiff was awarded $________ in past medical expenses, reduced accordingly. A $________ liability cap applies.

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