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
Court
San Mateo Superior
Attorneys
Plaintiff
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
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