Facts

Kim Nelson was riding the San Francisco Muni Trolley Coach when it braked, causing her to fall and suffer a fracture on her right, dominant arm. She sued the City and County of San Francisco as well as the San Francisco Municipal Railway for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendants owed her, a passenger, a duty of utmost care. Plaintiff further contended that the trolley's operator began driving before Plaintiff and other passengers sat down or held on. Plaintiff contended that eight seconds later, the bus braked hard to avoid a collision.

DEFENDANTS' CONTENTIONS:
Defendants contended that Plaintiff was afforded ample time to sit down and hold on and that Plaintiff admitted that she was not holding on when the operator braked.

Damages

Nelson sought nearly $30,000 in economic losses.

Injuries

Nelson suffered a fracture on her right arm, back sprains and strains, and a jaw contusion. She underwent internal fixation with pins, screws, and a plate, followed up by physical therapy and home electrical stimulator. She was left with a permanent scar on her right arm and lost hours from her job.

Result

The jury rendered a defense verdict.

Other Information

Plaintiff intends to make a motion for a new trial on the grounds that the defense failed to plea the affirmative defense of superseding cause.

Deliberation

one hour

Poll

12-0 (no negligence)

Length

five days