Facts

On June 30, 2004, forty-three year plaintiff Richard Porter, a nightclub bouncer, was sitting in his parked SUV waiting for his friend on the south side of Mission Street between Fremont and Beale Street, in San Francisco. As he was parked there, Porter's vehicle was sideswiped by a Golden Gate Transit bus, scraping the entire driver's side. Porter, scared, tried to move his body over the center console to the passenger side. While attempting this, he landed on the console twisting his spine and hurting his back. He felt immediate pain in his neck and back. The bus did not stop. Porter sued the Golden Gate Bridge Highway and Transportation District for negligence.

PLAINTIFF'S CONTENTIONS:
Porter alleged that the bus was speeding through the intersection in the slow or "curb" lane as the traffic light turned from yellow to red. The plaintiff also argued that if Golden Gate was pushed into Porter by the unknown bus, Golden Gate was still responsible because the driver should have avoided continuing to drive parallel to the other bus creating a hazardous condition.

DEFENDANT'S CONTENTIONS:
The defense argued that the Golden Gate bus was not the owner of the bus that hit Porter and used the "empty chair" defense. The defense contended that there was another bus that swerved into the Golden Gate bus and hit its side mirror and that caused the Golden Gate bus to swerve and hit Porter. The owner of the other bus is unknown.

Damages

Pain and suffering, past medical treatment and lost wages.

Injuries

Porter sustained a bulge and nerve impingement and a decreased range of motion. He underwent 3 spinal surgeries, 12 epidural injections for pain management, and several moths of physical therapy.

Result

A jury found Golden Gate Bridge Highway and Transportation Authority not liable for Porter's injuries. The jury found that the accident was caused by the unknown bus that caused Golden Gate bus to swerve into Porter's parked vehicle.

Other Information

Insurer for Golden Gate: self insured.

Deliberation

three hours

Poll

12-0

Length

six days