Joyce Ansbro v. Bay Area Rapid Transit District (BART)
Published: Oct. 26, 2000 | Result Date: Jun. 21, 2000 |Case number: 8098294 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Mark D. Lipton
(Office of the San Francisco City Attorney)
Defendant
Donald P. Eichhorn
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)
Facts
The incident occurred when the doors of a BART train closed on plaintiff as she boarded. When the doors retracted, the plaintiff's right leg fell down into the gap between the train and the platform. The plaintiff, a 59-year-old securities firm sales assistant, sustained a cut. The plaintiff sued the defendant for negligence and dangerous condition of public property. The defendant argued design immunity and comparative negligence as to plaintiff and a passenger who had helped plaintiff when she was caught between the doors when the plaintiff fell.
Settlement Discussions
The plaintiff demanded $250,000. The defendant offered $7,000.
Specials in Evidence
$3,937 $1,665 $1,665 $25,000
Injuries
Cut on right lower leg with nerve damage.
Deliberation
four hours
Poll
9-3 (liability)
Length
six days
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