Facts

Virginia De Los Santos sued the San Diego Metropolitan Transit Service, San Diego Transit Corp., and David Klein, in connection with an incident involving a municipal bus.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was standing about 10 feet away from the bus's front loading doors when the bus began to pull away. Plaintiff then ran after the bus and hit a window to get the driver's attention. However, the momentum caused her to fall over. Plaintiff claimed she hit the ground and then the bus's rear tires ran over her. Plaintiff claimed she sustained injuries and sued defendants for negligence and vicarious liability. Plaintiff alleged that the driver was supposed to wait until she boarded the bus safely, and that his failure to do so constituted a breach of common carrier standards.

DEFENDANTS' CONTENTIONS:
Defendants denied any liability. Defendant claimed plaintiff was severely drunk and under the influence of drugs at the time, the incident occurred. Defendant claimed plaintiff was solely to blame for her fall. The driver also contended that he was not aware of plaintiff's presence, and did not become aware of her until she was run over. Defendants also disputed the extent of her injuries, claiming she had been disabled for a while.

Damages

De Los Santos requested between $1.7 million and $2 million in total damages, which included $130,000 in reimbursed medical costs.

Injuries

De Los Santos fractured several bones in her left elbow and hand and underwent surgeries to repair them. She also suffered from a hematoma on her buttock. De Los Santos claimed that she continued to have mobility issues on her arm and hand, limiting her ability to work as a telemarketer.

Result

The jury concluded that De Los Santos was not a passenger and, as a result, the driver owed her no duty. Accordingly, the jury entered a verdict in favor of the defense.

Other Information

FILING DATE: Jan. 25, 2013.

Deliberation

one day

Length

eight days