Facts

In 2004, Brandi Roberts was a passenger on an Alameda-Contra Costa Transit District bus in Oakland. Roberts, 25, was forced to take control of the bus and apply the brakes when the bus driver, Randy White, hit a bump, lost balance and fell down, causing the bus to travel down a hill unsupervised. White, who had lit a cigarette just prior to the incident, was not wearing a seatbelt. Roberts filed a lawsuit against White and the Alameda-Contra Costa Transit District, alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she suffered injuries when she was tossed around the bus after White lost control. The plaintiff argued that White acted negligently because he was operating the bus with a side door open while smoking and he was not wearing a seat belt. The plaintiff further alleged that White was speeding.

DEFENDANT'S CONTENTIONS:
The defense challenged the extent of the plaintiff's injuries. It also claimed that White was not operating the bus as part of his regular duties.

Specials in Evidence

$11,330. The plaintiff, who was employed as a hairstylist prior to the accident, sought $42,800 for loss of income. She claims she is unable to work as a hairstylist because she suffers from pain when she sits or stands for a short period of time.

Damages

The plaintiff sought $32,575 in damages for her pain and suffering.

Injuries

The plaintiff claimed she suffered from neck, shoulder and back pain and headaches that resulted from striking her head when she was tossed around in the bus. The plaintiff continues to have back pain. The plaintiff also injured her hip and knee. She sought pain management and chiropractic treatment.

Result

$50,755.

Deliberation

one day

Poll

9-3 (negligence)

Length

three days