John Revels v. Alameda-Contra Costa Transit District, Esdras Gonzalez, Sam Richardson
Published: Dec. 9, 2003 | Result Date: Apr. 25, 2003 | Filing Date: Jan. 1, 1900 |Case number: 837151 Verdict – $12,062
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Joan E. Herrington
(Bay Area Employment Law Office)
Defendant
Experts
Plaintiff
Diana Sylvestre
(medical)
Steven R. Jaffe
(technical)
Facts
On July 1, 2000, plaintiff John Revels, 47, boarded defendant Alameda-Contra Costa Transit District's bus operated by defendant Esdras Gonzales. As the plaintiff presented a card issued to disabled patrons, a fare dispute erupted into an argument. Defendant Gonzalez told the plaintiff to leave the bus and a physical altercation followed outside the bus. Defendant Gonzalez claimed that the plaintiff pulled defendant Gonzalez, causing him to fall out of the front door. The plaintiff claimed that after he exited the bus, defendant Gonzalez punched him in the face. Defendant Gonzalez admitted pushing, not punching, the plaintiff in self defense. A transit district supervisor, defendant Sam Richardson, claimed he later observed the plaintiff in an agitated state and declined to take a report. The plaintiff sued the transit district, Gonzalez and Richardson, alleging discrimination under the Unruh Act and Bane Acts, assault and battery, wrongful ejectment and breach of the duty to train personnel under the Americans with Disabilities Act.
Settlement Discussions
The plaintiff sought a consent decree relating to injunctive relief; no cash demand. The defendants requested no consent decree and made a C.C.P. Section 998 offer of $10,000.
Damages
The plaintiff was awarded $1,062 in economic damages.
Injuries
The plaintiff claimed that he sustained scrapes and bruises as well as the loss of his lower partial dental plate due to the altercation. The plaintiff also claimed damages for emotional distress, Unruh Act treble damages and Bane Act penalties. He also requested injunctive relief requiring retraining of the transit district's bus drivers and transportation supervisors.
Result
Prior to trial, defendant Richardson was voluntarily dismissed because his deposition testimony established that he was immune from suit. At trial, the jury found in favor of the plaintiff on his battery claim and wrongful ejectment claim. The jury returned a defense verdict on the disability discrimination claims under the Unruh and Bane Acts after finding that the presentation of a card issued to disabled patrons did not place defendant Gonzalez on notice of the plaintiff's mental impairments. The jury also returned a defense verdict in the transit district's favor on the breach of mandatory duty to train employees under ADA regulations.
Other Information
The plaintiff stipulated under C.C.P. Section 2032(d) not to seek general damages beyond the mental and emotional distress ordinarily associated with his physical injuries.
Deliberation
one day
Poll
12-0 (for plaintiff on battery claim), 12-0 (for plaintiff on ejectment claim), 12-0 (for plaintiff on damages), 11-1 (for plaintiff on self defense) 12-0 (for defendants on disability discrimination claim), 9-3 (for defense on breach of mandatory duty to train employees under ADA regulations)
Length
nine days
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