Sanchez v. County of San Bernardino

Personal Injury and Dangerous Condition

San Bernardino County

Superior Court Judge John M. Pacheco

Plaintiff’s Lawyers: Geoffrey S. Wells, Ivan Puchalt, Christian T.F. Nickerson, Greene, Broillet & Wheeler LLP; Andy Basseri, Law Offices of Andy Basseri

Defense Lawyers: Robert S. Rubin, Law Office of Norman Nadel; Amy R. Freeland, John S. Lowenthal, Lewis, Brisbois, Bisgaard & Smith LLP; Kathleen A. Stimeling, Riley Safer Holmes & Cancila LLP

On an early October morning in 2012, a 6-year-old girl from Highland attempted to cross the street mid-block to get to the stop where her school bus was waiting.

When Isabella Sanchez darted out, the driver of a Subaru Impreza struck her, causing catastrophic injuries, including a traumatic brain injury and fractures to her neck, arm, leg and pelvis. She is wheelchair-bound and requires around-the-clock care, according to court documents.

Over a five-week trial, attorneys for Sanchez and her family convinced a San Bernardino County jury that the injuries were primarily caused by the private bus company’s negligence, ultimately awarding her $36.1 million for her ongoing care. Sanchez v. County of San Bernardino, 1309504 (San Bernardino Super. Ct., filed Aug. 8, 2013).

A motion for a new trial by defendant Durham School Services was denied in late December, but an appeal is pending, according to lead plaintiff’s attorney Geoffrey Wells of Greene Broillet & Wheeler LLP.

“I think it’s going to send a clear message to the defendant, and other school bus companies, so we can prevent a tragedy like this in the future,” said sole practitioner Andy Basseri, co-counsel for the plaintiff.

Wells said it’s already having an impact: their bus driving expert said the entire industry is aware of the case.

Four mothers testified that they had been crossing to the same stop mid-street for more than two months when the accident occurred despite the bus company’s clear policy to report and address hazards just like that.

The bus driver denied seeing the kids crossing mid-street.

The case turned on credibility: the jury believed the mothers, not the driver, Wells said.

Co-defendants San Bernardino City Unified School District and Bonnie Oehl Elementary School were granted immunity by the courts because of a relevant education code statute shielding governmental entities.

The jury found that the driver of the car that struck Sanchez, Lillian Vo, was not at fault because she did not have adequate time to perceive, react and avoid the accident, a theory supported by accident reconstruction experts and law enforcement.

With no one pointing the finger at Vo, her attorney John S. Lowenthal of Lewis Brisbois Bisgaard & Smith LLP said his strategy was to stay on the periphery as the rest of the case unfolded.

— Lila Seidman