Facts

On March 6, 2003, at 7:30 am, at the intersection of Chino and Magnolia Avenues, Chino, CA, plaintiff Yolanda Ochoa was a passenger on an Omnitrans bus operated by defendant James Montgomery, when defendant Helena Abilez pulled out from a stop sign directly into the path of the oncoming bus. Montgomery braked, but could not avoid a T-bone collision with Abilez's car. According to Ochoa, the impact knocked her out of her seat and she broke her collar bone.

Ochoa settled with Abilez for $30,000 (policy limits) and filed suit against Omnitrans and Montgomery.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that the bus driver should have anticipated that Abilez would suddenly pull out in front of him. Plaintiff contended that the bus driver was driving at an unsafe speed, otherwise, he would have missed Abilez. Or, if the bus driver started to gradually slow down when he first spotted Abilez, then he would have avoided the accident.

According to plaintiff's counsel, the defense's expert admitted, under cross examination, that the bus driver had several seconds to avoid the accident. Plaintiff's expert, Augustine Zemba, testified that the bus driver fell below the standard of care by failing to anticipate and avoid the accident.

DEFENDANT'S CONTENTIONS:
The defense contended that the accident was investigated and the police found Abilez to be the sole cause of the accident. An independent NTSB panel found the bus driver was not at fault and that the accident was unavoidable.

Settlement Discussions

Plaintiff demanded $3.8 million during the first trial; she lowered her demand to $30,000 prior to the second trial. The defense offered $50,000 before the first trial.

Injuries

Ochoa fractured her collarbone with a non-union. She underwent surgery to repair the fracture and had a short hospital stay. She claimed medical specials of $35,000 to $40,000. A pain doctor examined Ochoa, but performed no tests on her. He then prescribed psychological counseling and a physical therapy regime, which required the installation of a gym in Ochoa's house.

Result

The jury rendered a verdict in favor of the defense.

Poll

9-3