Facts

Gloria Trejo sued Odyssey Coach Inc., Ali Hajati, Individually and dba Odyssey Coach Tours, Pacific Villas Pomona, Gerald Douglas Rupple, and Sam Menlo Trustee of the Sam Menlo Family, claiming she suffered injuries while entering a tour bus.

PLAINTIFF'S CONTENTIONS:
Trejo, 81, was a passenger on a tour bus. When the bus broke down, she walked to the replacement bus with the assistance of two men from Pacific Villas Pomona. While climbing the steps of the new bus, her right ankle gave way and then her right knee "popped." She sued defendants for negligence.

DEFENDANTS' CONTENTIONS:
Odyssey contended that it followed all bus safety requirements. Sam Menlo and Pacific Villas contended that even though Trejo asked to use her walker, it was not safe for her to use because of the rocky ground. Defendants also contended that the fracture in her femur was due to her preexisting osteoporosis and morbid obesity, which exerted pressure on her prior total knee replacement. They also argued that her other claimed injuries and physical limitations predated the bus injury.

Settlement Discussions

Trejo made a $500,000 CCP Section 998 demand to Odyssey and Hajati and a $150,000 CCP Section 998 demand to Pacific Villas. Odyssey and Hajati offered Trejo $50,000 and Pacific Villas offered her $40,000.

Injuries

Trejo's claimed injuries included a fractured right ankle and femur. She also claimed that due to an unsteady gait, she fractured her left ankle and thereafter became unable to walk and perform many daily life activities. Additionally, she claimed increased urinary tract infections, anxiety, depression, and increased confusion and memory loss.

Result

The jury returned a defense verdict, finding that Odyssey was negligent but that its negligence was not a substantial factor in causing plaintiff's injuries. It also found that Menlo and Pacific were not negligent.

Deliberation

3.5 hours

Length

eight days