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Personal Injury
Bus Accident
Passenger Wrongful Death

Robert Cecil, as Special Administrator for the Estate of John Parker v. Santa Clara Valley Transportation Authority et al

Published: Mar. 8, 2005 | Result Date: Nov. 18, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 103CV008806 Bench Decision –  $0

Judge

Patricia M. Lucas

Court

Santa Clara Superior


Attorneys

Plaintiff

John C. Stein


Defendant

Eugene J. Bennett

Edward F. Cullen


Facts

John Parker, 70, and retired, departed a Santa Clara Valley Transportation Authority bus on which he had been riding when it came to a stop at The Americana in Mountain View. After he exited through the rear door and it closed, the bus, which was driven by Samuel Lewis, began moving. Unbeknownst to Lewis, Parker somehow fell under the rear wheels of the bus and was crushed to death when the wheels ran over his torso.

Damages

The public administrator claimed storage and burial costs of $20,500, including costs of administration.

Other Information

Judge Patricia Lucas entered judgment for the defendants after granting their motions in limine, finding that a wrongful death lawsuit could not be maintained by anybody other than an heir or heirs; that the public administrator could not recover interment and storage costs; and that the plaintiff did not present evidence of damages.


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