Posted On: April 2, 2012 by Moseley Collins

Woman Slips and Falls on Bus Ultimately Causing Amputation of Ankle, Part 1 of 2

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall lawsuit and its proceedings.)

INJURIES: Years before the bus accident, the plaintiff's left ankle was crushed in a car accident. The injuries sustained in that accident caused the plaintiff to develop osteomyelitis, which required multiple general and plastic surgeries to treat, the end result of which was a very thin veil of skin on the plaintiff's left ankle.

Facts:
On Sept. 1, 2005, the plaintiff, a computer programmer, boarded an Sacramento County Transit bus in downtown Sacramento, and proceeded to take the first available seat, along a row of four seats which were designated for disabled passengers. As the plaintiff held the handrail and attempted to sit down, the bus accelerated and departed the bus stop. The plaintiff fell.

The plaintiff sued ABC Transit, contending that the driver failed to allow the disabled plaintiff enough time to get seated before he drove away from the bus stop.

ABC transit argued that it couldn't be held liable because the plaintiff didn't present a disabled bus pass to the driver. Counsel argued that, since the bus driver didn't know the plaintiff was disabled, he wasn't required to wait for her to be seated before accelerating the vehicle.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

ABC Transit claimed that the plaintiff was at least comparatively negligent.
Plaintiff's counsel countered that, regardless of whether the plaintiff presented a bus pass indicating her as disabled, AC Transit had a common carrier responsibility to provide her with the utmost care while on its bus.

In the bus accident, the plaintiff tore a dime-sized hole in her left ankle, which did not heal. Instead, it slowly developed into an ulcer. In addition, the nerves in the plaintiff's neighboring tissue became inflamed due to osteomyelitis and neuropathy.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.