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Personal Injury (Non-Vehicular)
Premises Liability
Common Carrier

Joyce Ansbro v. Bay Area Rapid Transit District (BART)

Published: Oct. 26, 2000 | Result Date: Jun. 21, 2000 |

Case number: 8098294 Verdict –  $0

Judge

William L. Dunbar

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


#126829

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