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Personal Injury (Vehicular)
Premises Liability
Common Carrier

Emma Fleder v. Bay Area Rapid Transit District (BART)

Published: Oct. 28, 2000 | Result Date: Apr. 25, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 398376 Verdict –  $0

Judge

Joseph E. Bergeron

Court

San Mateo Superior


Attorneys

Plaintiff

William J. O'Connor


Defendant

Donald P. Eichhorn
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)


Facts

The plaintiff, a 36-year-old medical subscriber, claimed that the defendant's train operator negligently closed the doors while she was in the process of boarding a BART train. The plaintiff's foot became caught in the closing doors, causing her to trip and fall inside the train. BART contended that the train operator was not negligent and that the incident did not occur in the manner the plaintiff alleged.

Settlement Discussions

The plaintiff demanded $225,000, reduced to $125,000 during trial. The defendant offered $5,000,

Specials in Evidence

$36,000 $16,000 $276,000

Injuries

Herniated disc at C4-5, resulting in a cervical fusion.

Deliberation

four hours

Poll

9-3

Length

eight days


#79048

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