Facts

On Dec. 11, 2013, plaintiff Gary Hyatt was a passenger on defendant's Metropolitan Transit System bus, when he fell out of his seat while the bus made a left-hand turn from eastbound C Street onto northbound Park Boulevard in San Diego.

The parties stipulated that plaintiff broke his right femur as a result of the fall from his bus seat, that the claimed medical treatment was necessary and reasonable, and to the amount of plaintiff's recoverable economic damages.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the bus driver was negligent in that he drove the bus too fast during a left turn in violation of defendant's procedures for executing a left turn while driving an articulated bus, and that the bus driver's negligence caused plaintiff to fall out of his seat and to suffer injury.

DEFENDANT'S CONTENTIONS:
Defendant contended that the bus driver was not negligent in his operation of the bus, that the bus was traveling at an appropriate speed, and that plaintiff is fully responsible for falling out his seat during the turn, as he was reaching for his juice bottle that was rolling on the bus floor.

Damages

Plaintiff suffered a broken right femur in the subject incident. The amount of past medical expenses recoverable under Howell v. Hamilton Meats was the amount of medical expenses paid by Medi-Cal, $21,027.

Result

Defense verdict. The jury voted 9-3 that the MTS bus driver did not meet the common-carrier high duty of care, but voted 12-0 that MTS and its bus driver did not cause plaintiff's damages.

Other Information

FILING DATE: Aug. 21, 2014.

Deliberation

one hour

Length

two days