Facts

Plaintiff Hannah Adaya an 18-year-old developmentally disabled student was being transported on a bus operated by Juan Rangel Flores within the scope of employment with Hayward Unified School District. Flores stopped at a designated stop adjacent to San Lorenzo High School. He did not initiate the light and stop sign protocol. Plaintiff exited the bus, walked in front of the bus and into the path of an oncoming car driven by an uninsured driver.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Flores was negligent in not instituting the crossover light/stop sign protocol, and not otherwise preventing the accident.

DEFENDANT'S CONTENTIONS:
Defendants contended that the specific vehicle code section providing for instituting the crossover light/stop sign protocol has an exception in the case of a bus stopped adjacent to a school where none of the passengers must cross the street. In the past, plaintiff did not cross the street, but rather walked directly to a school parking lot where she was picked up by her father. On this day, her father apparently allowed her to walk home. Flores had never seen her cross the street in the past.

Settlement Discussions

Plaintiff made a CCP 998 demand $400,000.

Specials in Evidence

$124,410 stipulated medical expense

Damages

No income loss or future medical expense claimed.

Injuries

Plaintiff suffered midshaft femur fracture; open reduction and internal fixation with slow recovery and residual muscle atrophy, pain and weakness. She also contended she is continuing to experience pain and significant limitation in her left leg and relies upon a cane to walk.

Result

Defense verdict.

Other Information

FILING DATE: March 6, 2015.

Deliberation

five hours

Poll

10-2

Length

five days