John D. Jacobs; Anthony S. Jacobs; and John D. Jacobs and Cristian J. Jacobs, as Successors in Interest to Decedent Joyce Anne Jacobs v. Sacramento Regional Transit District, City of Sacramento, Bus Industries of America, Daimler AG, Daimler Buses North America Inc., Daimler Chrysler Inc., Daimler Trucks North America Inc., Orion Bus Industries
Published: Jul. 13, 2013 | Result Date: Nov. 5, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2008-00028013 Verdict – $2,411,790
Court
Sacramento Superior
Attorneys
Plaintiff
Robert A. Buccola
(Dreyer, Babich, Buccola, Wood & Campora, LLP)
Steven M. Campora
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Jason J. Sigel
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Defendant
Richard S. Linkert
(Matheny, Sears, Linkert & Jaime LLP)
Timothy S. Spangler
(Demas Law Group PC)
Experts
Plaintiff
Gregory Rieber
(medical)
Stanley W. Ruggles
(medical)
Richard S. Barnes C.P.A, A.B.V., C.F.F.
(technical)
Michael McQuarrie
(medical)
Mark S. Sanders Ph.D.
(technical)
Rene A. Castaneda
(technical)
Mark B. Shattuck
(technical)
Michael T. Sim
(medical)
Augustine C. Zemba
(technical)
Defendant
Mark Super
(medical)
Craig Fries
(technical)
Scott Kush
(medical)
Robert L. Cargill
(technical)
Keith Inman
(technical)
Sean Shimada
(technical)
Jeffrey Wachtel
(technical)
Facts
On Jan. 9, 2008, Joyce Anne Jacobs was crossing a street when she was struck by a Sacramento Regional Transit bus operated by Robert Thompson. Jacobs was pronounced dead at the scene. John Jacobs, the decedent's husband, sued Thompson and his employers.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Thompson was negligent in the operation of the bus and that the other defendants were vicariously liable for his actions. Jacobs argued that the decedent was crossing within the confines of the crosswalk when she was struck by the bus. An eyewitness testified that one of the overhead street lights was out and it was very dark that night.
DEFENDANT'S CONTENTIONS:
Defendants argued that the decedent was wearing dark clothing and jaywalked across a totally unlit area north of the crosswalk. Evidence established that lighting conditions were extremely dark and Thompson was adamant that the decedent had not be in the crosswalk.
Injuries
The decedent sustained multiple traumatic injuries and died at the scene of the accident.
Result
The jury found that Jacobs was within the crosswalk and that Sacramento Regional Transit District was 100 percent liable and awarded the Jacobs family $2,411,789.
Deliberation
three days
Poll
9-3 (liability)
Length
five weeks
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