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Passenger claimed bus driver’s excessive speed caused injury

Amount:

$15,313,703

Type:

Verdict-Plaintiff

State:

California

Venue:

Alameda County

Court:

Superior Court of Alameda County, Oakland

Injury Type(s):

back; back-fracture (fracture, L1);
back-fracture (vertebra fracture, L1);
other-physical therapy; mental/psychological-emotional distress

Case Type:

Motor Vehicle – Bus, Speeding, Passenger

Case Name:

Maria Francisco, Mia Cisneros, Theresa Felipe and Guadalupe Pascual v. Alameda-Contra Costa Transit District and "PRI" Gilmore,
No. RG12617444

Date:

May 6, 2014

Parties

Plaintiff(s):

Mia Cisneros (Female, 4 Years), 

Theresa Felipe (Female), 

Maria Francisco (Female, 21 Years), 

Guadalupe Pascual (Female)

Plaintiff Attorney(s):

Brian J. Panish;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Mia Cisneros, Theresa Felipe, Maria Francisco, Guadalupe Pascual ■ Spencer R. Lucas;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Mia Cisneros, Theresa Felipe, Maria Francisco, Guadalupe Pascual ■ Patrick K. Gunning;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Mia Cisneros, Theresa Felipe, Maria Francisco, Guadalupe Pascual ■ Ivan W. Golde;
Law Offices of Ivan W. Golde;
Oakland,
CA,
for
Mia Cisneros, Theresa Felipe, Maria Francisco, Guadalupe Pascual

Plaintiff Expert(s):

Alex Barchuk; M.D.; Physical Medicine; Kentfield,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ John Brault; M.S.; Biomechanical; Mission Viejo,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Rick Sarkisian; Ph.D.; Vocational Rehabilitation; Fresno,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Alvin Lowi, III; P.E.; Accident Reconstruction; El Segundo,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Carol Hyland; M.A.; Life Care Planning; Lafayette,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Maria Nucci; Ph.D.; Clinical Psychology; Oakland,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Peter Formuzis; Ph.D.; Economics; Santa Ana,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Robert Berkstresser; Bus Driver Training; Escondido,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Sanjog Pangarkar; M.D.; Pain Management; Los Angeles,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Douglas Abeles; M.D.; Orthopedic Surgery; Castro Valley,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde ■ Randall Epperson; Ph.D.; Neuropsychology; Modesto,
CA called by:
Brian J. Panish, Spencer R. Lucas, Patrick K. Gunning, Ivan W. Golde

Defendant(s):

Dollie Gilmore, 

Alameda-Contra Costa Transit District

Defense Attorney(s):

Shawn A. Toliver;
Lewis Brisbois Bisgaard & Smith LLP;
San Francisco,
CA,
for
Dollie Gilmore, Alameda-Contra Costa Transit District ■ Dana A. Fox;
Lewis Brisbois Bisgaard & Smith;
Los Angeles,
CA,
for
Dollie Gilmore, Alameda-Contra Costa Transit District

Defendant Expert(s):

Greg Sells;
Vocational Rehabilitation;
Sacramento,
CA called by:
Shawn A. Toliver, Dana A. Fox ■ David Bradshaw;
Physical Medicine;
Castro Valley,
CA called by:
Shawn A. Toliver, Dana A. Fox ■ Linda Olzack;
Life Care Planning;
Atwater,
CA called by:
Shawn A. Toliver, Dana A. Fox ■ Margo Ogus;
Economics;
Palo Alto,
CA called by:
Shawn A. Toliver, Dana A. Fox ■ Clement Jones;
Orthopedic Surgery;
San Francisco,
CA called by:
Shawn A. Toliver, Dana A. Fox

Insurer(s):

Starr Cos. for both defendants

Facts:

On Aug. 27, 2011, plaintiff Maria Francisco, 21, a stay at home mom, was riding an Alameda-Contra Costa Transit bus with her daughter, plaintiff Mia Cisneros, 4, and other family members, plaintiffs Theresa Felipe and Guadalupe Pascual. While on the way to a shopping mall, the bus went over a speed hump, allegedly causing Francisco to be thrown up into the air and land with such force that it caused a severe back injury. Francisco, Mia, Felipe and Pascual sued the operator of the bus, Dollie Gilmore, and Gilmore’s employer, the Alameda-Contra Costa Transit District (AC Transit). The plaintiffs alleged that Gilmore was negligent in the operation of the bus and that AC Transit was vicariously liable for its employee’s actions. Plaintiffs Felipe and Pascual were ultimately dismissed from the case. Plaintiffs’ counsel contended that Gilmore was speeding, causing the bus to go over a speed hump in a school zone at more than twice the legal speed limit. Counsel contended that as a result, Francisco was thrown up into the air and landed with such extreme force that it severely injured her back. Francisco claimed that despite her obvious distress, Gilmore began verbally attacking her, including accusing her of lying about her injury, and threatening her with prosecution. Mia claimed that she witnessed the entire incident and Gilmore’s subsequent threats. Plaintiffs’ counsel noted that the entire incident, including Gilmore’s conduct, was captured on videotape by AC Transit cameras. The defendants admitted liability two days before trial.

Injury:

Francisco claimed that she suffered a severe traumatic burst fracture of her L1 vertebra. She immediately cried out in pain, and her family called for an ambulance. Francisco ultimately underwent emergency spinal surgery, which was recommended and performed by physicians at John Muir Medical Center just days after the incident. She also underwent an emergency five-level spinal fusion, followed by surgery to clean out a necrotic infection. She then underwent hardware removal surgery and a secondary fusion surgery in April 2013. In addition, Francisco underwent more than 18 months of physical therapy. Francisco claimed that despite her surgeries and physical therapy, she still suffers from chronic pain and her range of motion is limited. She claimed that as a result, she is severely limited in her daily activities. Specifically, she alleged that she is unable to lift or carry heavy objects, or perform physical activities because such activities cause stress to her spine. In addition, Francisco alleged that she has been unable to work since the incident. Mia claimed that she suffers emotional distress as a result of witnessing her mother’s injury and Gilmore’s subsequent threats. She claimed that as a result, she suffers nightmares, depression, anxiety, and post-traumatic stress disorder. Defense counsel disputed the necessity of Francisco’s surgeries, including the emergency spinal surgery. Counsel also challenged Francisco’s damages — including Francisco’s alleged future medical expenses, loss of earnings, and pain and suffering — suggesting that Francisco was lying and/or exaggerating the nature of her injury.

Result:

The jury determined that the plaintiffs’ damages totaled $15,313,703, including $14,313,703 to Francisco and $1 million to Mia.

Mia Cisneros: $1,000,000 Personal Injury: past and future emotional distress; Maria Francisco: $800,266 Personal Injury: Future Lost Earnings Capability; $127,472 Personal Injury: Past Loss Of Services; $10,000,000 Personal Injury: past and future pain and suffering; $3,385,965 Personal Injury: past and future medical expenses

Trial Information:

Judge:

Gail Brewster Bereola

Demand:

None reported

Offer:

$2,750,000 (during trial)

Trial Deliberations:

4
 days

Jury Vote:

12-0; 9-3 on future non-economic damages

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.