Facts

On March 30, 2006, plaintiff Tonie Harris, 37, was a passenger on an Alameda-Contra Costa Transit District (ACCTD) bus in Oakland. Harris was near the rear door when the bus stopped at the intersection of Broadway Street and 40th Street; the door pushed against her right side, pinning her arm and wrist to the handrail. Harris filed suit for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Harris contended that the bus driver for ACCTD should have provided a verbal warning prior to opening the rear door. As well, Harris argued that there was no warning that the doors opened inward.

DEFENDANT'S CONTENTIONS:
ACCTD contended that warning regarding the opening door was painted in red boxes on the floor.

Settlement Discussions

Harris made a C.C.P. section 998 offer of settlement in the amount of $40,000, which was countered by an offer of $10,000.

Damages

Harris sought damages in the amount of $3,584 for past medical expenses, $2,500 for past wage losses, and $70,000 for pain and suffering.

Injuries

Harris suffered a fractured wrist.

Result

The jury found for defendant.

Deliberation

10 hours

Poll

11-1

Length

two days