The California Supreme Court rejected AC Transits appeal of a $15.3 million damage award to a Richmond woman whose spine was fractured after a bus careened over a speed bump at over twice the speed limit. Maria Francisco was 21 when the injury occurred and at the time of the injury said she felt like she was hit by a sledgehammer and asked the driver to call an ambulance. The driver called her a faker and in an apparent effort to intimidate Maria said she would have to pay for the ambulance.
After she was transported it was discovered she had a serious burst fracture of her spine that tore her ligaments and bone apart. After her initial spinal surgery Maria developed a potentially life-threatening infection and was forced to undergo another operation. She later required a third operation to relieve the pain caused by the initial surgery and Doctors said they were unable to fully repair her spine.
“Due to the severe spinal fractures she will have chronic pain and disability for the rest of her life and she’s done the best she can with physical therapy and pain management” said Spenser Lucas one of her lawyers. After the trial in 2014 she was awarded $14.3 million for lost earnings, medical expenses, pain and suffering along with compensation for emotional damages. The still unpaid award plus interest has now grown to $20.1 million.
Bus drivers are classified as a common carrier. In California a public transit vehicle is held the highest degree of care, diligence, and vigilance in the transport of its passengers to the appropriate destination. Should the carrier agency fail in its duty of care as they did in this case they may be held liable for personal injuries passengers suffer as a result of negligence. Common carriers are also considered to be liable for any damage to property that is entrusted to them as a result of their work, and they typically carry insurance policies that will help in the event of loss or damage to the goods. A common carrier also has a duty to warn its passengers of known dangers that exist in the type of transportation they operate – such as, standing in an aisle of a moving vehicle liable to sudden jolts in motion.
We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when they refuse to follow the law. We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth. We have over 80 years of experience in our plaintiff’s only law firm. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We Can Help!
