Maria Borja v. Santa Clara Valley Transportation Authority
Published: Nov. 16, 2004 | Result Date: Aug. 31, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV802902 Verdict – $2,165,330
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Paul F. Caputo
(Caputo & Van Der Walde LLP)
Defendant
Facts
Maria Borja, age 50, was leaving Evergreen Valley College at 3:30 p.m. on Oct. 27, 2000. She approached the Route 77 bus of the Santa Clara Valley Transportation Authority (SCVTA) with her three-wheeled electric motor scooter. The coach operator of the bus, lowered the passenger lift. Borja then maneuvered her scooter onto the lift and was raised so she could board the bus. The operator raised the seats designated as the "securement area." While the bus made a turn approaching a bus stop at 10 mph, Borja's scooter turned over, striking her head against one of the seats and forcing the weight of her body and the scooter onto her left side, primarily on her left shoulder.
Settlement Discussions
The plaintiff demanded $1.5 million. The defendant offered $250,000.
Damages
past and future medical expenses and future general damages.
Injuries
The plaintiff claimed injuries consisting of a fracture of the left clavicle, a left rotator cuff tear, head contusion and abrasions, left-sided occipital spasm and numbness, left knee contusion, left arm contusion, and left leg edema. The plaintiff further claims that she experiences severe spasms in her left shoulder several times a day and there is no option to have surgery.
Result
$2,165,327
Deliberation
four hours
Poll
12-0
Length
six days
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