Facts

Plaintiff Daniel Gebremedhin claimed that he tripped and fell when his ankle became trapped between the BART train doors on July 8, 2008. Plaintiff claimed that he was the first person standing in line waiting to board the train, approximately one to two feet behind the yellow safety strip. Plaintiff stated that the train doors opened normally and that he heard no noises or observed anything unusual about their operation.

After the doors were fully opened, and stopped, plaintiff began to board the train. In two or three seconds, he claimed, without warning the train doors closed, pinning plaintiff just above his right ankle. Plaintiff fell to the floor, hitting his stomach, chest, and face. He never looked at the train operator before walking onto the train.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the BART train operator failed to conduct a "lookback" to determine whether patrons were attempting to board the train before she pushed the "door close" button.

DEFENDANT'S CONTENTIONS:
Defendant contended that the BART train operator's custom and habit was always to watch for any passengers attempting to board the train before closing the train doors and that she had followed her practice on that occasion. Further, the defense argued that the evidence before the jury lead to the conclusion that the accident was caused not by the doors closing suddenly and unexpectedly on plaintiff as he claimed, but because he had attempted to board the train after the doors had already begun to close.

On damages issues, the defense argued that plaintiff's injury claims were not believable because there were no objective findings to support his complaints and that during discovery he had failed to disclose certain medical treatment.

Specials in Evidence

$103,000 $80,000 none $80,000

Damages

Plaintiff claimed that his physical problems prevented him from working as a limousine driver in the same manner, and at the same pay levels, as he had before the accident. Plaintiff's counsel asked the jury to award $660,000 in medical expenses, lost wages, and general damages.

Injuries

Plaintiff contended that he suffered a herniated disc in his lower back that caused nerve root compression and irritation which led to debilitating back pain, right leg pain, numbness, and weakness.

Result

Defense verdict.

Other Information

FILING DATE: Oct. 16, 2008.

Deliberation

three days

Poll

9-3

Length

seven days