Facts

On Mar. 1, 2006, plaintiff Lyell Amora was riding on the L Taraval MUNI light rail vehicle (LRV) when it came to a sudden and unexpected stop. As a result of this stop, a nearby passenger, Wendy Tom, fell onto plaintiff's right leg, causing him to sustain a broken fibula. The vehicle was owned and operated by the city and county of San Francisco (CCSF) and was subject to the control of a Vehicle On Board Computer (VOBC) manufactured by defendant Alcatel Transport Automation.

The plaintiff sued defendants CCSF, Alcatel and Tom. Defendants cross-complained against one another seeking equitable indemnity.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants CCSF and Alcatel had advance knowledge that MUNI LRV's were experiencing an unacceptable number of sudden and unexpected stops and that they failed to take adequate remedial action. Plaintiff also alleged that CCSF was liable as a common carrier and that Alcatel was strictly liable based on defective design of the VOBC. Plaintiff contended that defendant Tom was negligent in failing to hold onto anything for support while the vehicle was in motion.

Damages

Plaintiff claimed $3,534.65 in past medical expenses and $2,000 in wage loss.

Injuries

Plaintiff sustained a fracture of his right fibula.

Result

Parties settled for $40,000 with CCSF paying $25,000; Alcatel paying $10,000 and Tom paying $5,000.