Facts

Nicole Nunn was a passenger on a San Francisco MUNI bus. The bus driver stopped the bus several feet from the cub, and Nunn alighted from the bus. The driver did not "kneel" the bus, or lower the steps to assist riders in boarding and disembarking. As Nunn stepped from the final step of the bus, fourteen inches to the street, she fell and was injured. She filed suit against the city and county of San Francisco.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the bus had stopped eight to ten feet from the curb. She argued that the driver's failure to "kneel" the bus, combined with the distance from the curb, caused her leg to break as she exited. She pointed out that the driver had a duty to use the highest care because the bus zone was unobstructed and unoccupied at the time of the accident, based on the testimony of a Catholic Sister who witnessed the event. She asserted that the MUNI guidelines require that drivers stop within one foot of the curb if their path is unobstructed.

DEFENDANTS' CONTENTIONS:
Defendants conceded that the bus had stopped more than one foot from the curb. However, they claimed that no law required that buses be pulled all the way to the curb and "kneel" when stopped at a bus stop. According to them, state law only requires that passengers be provided with a safe location to alight. They introduced expert testimony that MUNI rules allow a driver to stop more than three feet from the curb if the path is obstructed. Defendants alleged that plaintiff's fall was not the result of their negligence. They introduced expert biomechanical testimony that plaintiff's injury was the result of her having made a twisting motion while descending from the bus. According to their expert, the 14-inch drop from the bus to the street would not have presented an abnormal impact or caused plaintiff's fall. Finally, they contended that plaintiff's damages were excessive.

Settlement Discussions

Plaintiff demanded $130,000. Defendant offered $45,000 to Plaintiff and to waive costs.

Specials in Evidence

Plaintiff wore a cast for six weeks, and underwent four months of physical therapy until her fibula healed. She also had arthroscopic surgery to repair ruptured tendon and remove a piece of chipped talor dome bone. In all, she underwent one year of treatment at a cost of $14,200. Plaintiff claimed six months of missed work, at a loss of $18,000 in wages.

Damages

Plaintiff was unable to walk for six weeks, and underwent surgery. She suffers from residual weakness, limited range of motion and arthritis in the affected areas. She sought damages for her pain and suffering.

Injuries

Plaintiff was diagnosed with a fractured left tibia and sprained right foot. Later MRIs revealed a torn talofibular ligament and necrosis of the talor dome in her right foot.

Result

The jury found for the defense.

Other Information

Plaintiff filed a motion for a new trial and JNOV.

Deliberation

1.5 hours

Poll

10-2 (negligence)

Length

six days