Facts

On Oct. 27, 2007, at approximately 5:50 p.m., plaintiff Edna Aquino, a 63-year-old sole caregiver for her 87-year-old mother, was struck by a bus driven by Bryan Cuevas in San Diego at the intersection of 4th and Elm Street. Aquino brought suit against Crucero USA LLC, the owner of the bus and the employer of Cuevas. Crucero USA LLC is a subsidiary of Greyhound Lines Inc.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended she had the right of way into an unmarked crosswalk on a "fresh" green signal.

DEFENDANT'S CONTENTIONS:
The defendant contended that witnesses put the bus into the crosswalk on a left hand turn from a one-way street onto a one-way street. The plaintiff walked into crosswalk late on the Don't Walk sign.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $999,999.99. The defendant made a C.C.P. Section 998 offer of $525,000.

Specials in Evidence

$116,683; $225,000; $567,600;

Injuries

The plaintiff suffered fractured upper jaw, loss of three teeth and traumatic brain injury with cognitive impairment.

Result

Defense verdict.

Other Information

The plaintiff counsel boarded over $7 million in special and general damages in closing argument. The defense asked the jury to turn plaintiff away. Post-trial motion is pending. The judge allowed the traffic collision report police officer's opinion of plaintiffs violation of Vehicle Code 21954a based only on one statement made by a witness who was not produced at trial and whose opinion was later contradicted by four other witnesses who were not interviewed by the police. A hearing on plaintiff's motion for new trial under CCP Section 657(1)(2)(3)(5)(6) & (7) has been set for July 11, 2008. FILING DATE: Feb. 21, 2007.

Deliberation

1.4 hours

Poll

11-1

Length

six days