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Personal Injury
Negligence
Trolley Passenger Injury

Joanne Tweed v. San Diego Trolley Inc. and Metropolitan Transit Development Board

Published: Jun. 27, 2015 | Result Date: Mar. 3, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 37-2013-00063538-CU-PO-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Thomas F. Friedberg


Defendant

Roger P. Bingham


Facts

Joanne Tweed sued San Diego Trolley Inc. and the Metropolitan Transit Development Board following injuries she suffered inside a trolley.

Contentions

PLAINTIFF'S CONTENTIONS:
Joanne Tweed, 83, contended that she fell and injured her hip inside a trolley after the train operator opened the doors to let her enter but did not wait long enough to allow her to take seat before starting the train. She sued San Diego Trolley Inc. and the Metropolitan Transit System, alleging they were responsible for the operator's negligent operation of the trolley.

DEFENDANTS' CONTENTIONS:
Defendants contended that the timing of the trolleys was in accordance with industry standards.

Injuries

Tweed claimed a fractured hip from the fall and was hospitalized for five days. She subsequently went to a skilled nursing facility for approximately two weeks of rehabilitation. She later had pins inserted in her hip and underwent physical therapy. Tweed fell seven months after the alleged injury and claimed it was due to the instability she still suffered in her hip.

Result

The jury found defendants were not negligent and returned a defense verdict.


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