Sacramento Injury Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Defendant driver, Bobbi Jones, had driven this trip 17 of the 19 years that it had taken place, and prior to this year she had never had a problem. This year, however, despite all the problems that defendant driver caused, she still believed her driving was up to par. In her deposition taken on May 15, 2007, she testified:

“Q. Now, in the other 16 years you drove, do you recall making any driver error?
A. No.
[objection omitted]
Q. MR. COLLINS: Do you recall leaving the lights on and letting the battery run dead?
A. No.
Q. Do you recall damaging the bus?
A. No.
Q. Do you recall - - in the other 16 years you drove do you recall hitting a pole?
A. No.
Q. Do you recall hitting anything?
A. No, sir.
Q. Do you recall causing the bus to - - the group to run late as a result of anything you did in the other 16 years?
A. No, sir.
Q. But you did on the 17th year?
A. Yes, sir.
Q. Do you think that based on that you were not fully up to par on this 17th year?
A. No.
[objection omitted]
THE WITNESS: I was up to par.
Q. MR. COLLINS: Okay. How do you explain, though, that on the 17th year you had those problems that you never had in the first 16 years?
A. I have no idea, sir.”
(Depo. Bobbi Jones, pp. 47:3-48:9)

Bobbi Jones further testified:

“Q. Okay. Now, a car pulled in front of you, right?
A. More like cut me off.
Q. Okay. And what did you do in response to that?
A. Well, when I noticed it happening, I tapped my brakes.
Q. Okay. That’s your memory, that you tapped your brakes?
A. Yes.
Q. Because you have been trained not to apply - - you’ve been trained not to slam your brakes on?
A. Been trained that way, yeah.
Q. And tell me why you have been trained not to slam on your brakes?
A. Because if you slam your brakes, everybody is going to go forward.
Q. Right. And if anyone is standing up they could fall and be injured?
A. Yes, sir.
Q. Plus, you may have problems with the cars behind you?
A. Yes. Chain reaction type thing, yes.”
(Depo. of bobi jones, pg.21:3-23)

“Q. Okay. If you had slammed on your brakes, that would have been a mistake?
A. Yes.
Q. That would have been a driver error?
A. Yes.
Q. That would have been dangerous?

Although Ms. Jones testified that she was “cut off” by another car, she denies slamming on her brakes. Further, Ms. Jones concedes it is wrong and dangerous for a bus driver to slam on the brakes.

Almost every other witness has testified that Ms. Jones did slam on the brakes. Those additional witness statements are available to the defense.

VIII. SETTLEMENT OFFER
This is not a case in which defendants should have used reasonable care. Here, defendants are held to a much higher standard. Defendants should have used the “utmost care.”

Both the bus company and JONES failed to use the utmost care when carrying its passengers. The bus company is liable and responsible for sending JONES to drive in her compromised health condition. The defendant bus company is also vicariously liable for JONES’ poor driving and unnecessarily slamming on the brakes. Plaintiff was catastrophically injured as a result.

Plaintiff NANCY KLEIN remains catastrophically disabled and still suffers daily with shortness of breath. She is unable to do the required tasks on the farm she used to do before the incident on the bus. She is still receiving significant medical treatment for her injuries, and she still requires daily medications.

As itemized above, plaintiff’s provable special damages are $737,784. Plaintiff hereby offers to settle her case for $1,875,000, or for defendant bus company’s policy limits of coverage, whichever is less. In exchange, plaintiff will provide defendants with a full release and plaintiff will extinguish all liens.

Trial is scheduled for August 18, 2007.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

2. Olivia Stark further testified about all the incidents caused by defendant JONES:

“Q. After Bobbi slammed on the brakes the first time, did you overhear any kind of complaints about her driving?
A. By the end of the trip, people were starting to wonder.
Q. Can you tell me what people were saying?
A. They were talking about the number of incidents we had this trip, and calling
it ‘the bus trip from hell.’
Q. And the incidents that you refer to are the two times she slammed on the
brakes, and the other time when she - -
A. The windows.
Q. - - the windows?
A. Yes.
Q. Anything else?
MR. COLLINS: She testified to the bus trip delay because the driver left the lights on.
Q. BY MS. LI: Other than the lights, the windows, and the two braking incidents, was there anything unusual about the trip that stood out?
A. That was enough.”
(Depo. of Olivia Stark, pp.28:22-29:18)
Mr. Stark, an experienced bus driver, testified that defendant JONES was not focused as a bus driver on this trip.

“Q. And in fact, you rode with her the first year, and she drove like an experienced bus driver?
A. Yes.
Q. This year, when Nanacy got hurt, she wasn’t driving as well as she drove before, true?
A. True.

Continue reading "Charter Bus Company Liable For Seriously Injuring Passenger, Part 5 of 6." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

On October 19, 2006, Tim Stark and Olivia Stark were deposed. Their condensed depositions are referenced herein. Mr. and Mrs. Stark were passengers on the bus trip. Mr. Stark is a licensed, experienced bus driver, and he was seated directly behind defendant JONES when the incident occurred. Mr. and Mrs. STARK testified that JONES slammed on the brakes too hard, causing NANCY to fall:

Q. And you’re a bus driver?
A. I’ve been one, yes.
Q. You’re qualified to drive a bus?
A. Yes.
(Depo. of Tim Stark, pp.35:25-36:3)

“A. That would be when a car pulled in front of us, and Bobbi slammed on the brakes and Nancy fell.”
(Depo. of Olivia Stark, pp. 15: 12-13)

“A. In other words, I’ve been driving for years. The front of the bus dipped down fairly severely because he braked so hard.”
(Depo. of Tim Stark, pp. 24:14-16)

“Q. And so you’re sitting right behind the driver that morning, and you see this whole thing unfold ahead of you, and see Bobbi slam the brakes, right?
A. Yes.
Q. She could have lightly put on the brakes, and the car would have passed in front of the bus without incident?
A. Yes.”
(Depo. of Tim Stark, pp. 36:18-37:3)

Continue reading "Elk Grove Tour Bus Accident Due To Driver Negligence, Part 4 of 6." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

V. ECONOMIC DAMAGES
Past Medical:
Meridian Resource Company $ 386,407.13
Trauma Medical Group of Roseville $ 7,017.96
Patient Copays:
Sutter Auburn Home Health $ 137.88
Sutter Auburn Faith Hospital $ 167.55
Central Anesthesia Medical Group, Inc. $ 401.70
Roseville Cardiology $ 329.22
Radiological Associates of Sacramento $ 273.46
Sutter Roseville Medical Center $ 4,236.80
Sutter Emergency Medical Association $ 71.01
CA Emergency Physicians of Roseville $ 62.33
Diagnostic Pathology $ 39.88
Total Copays $ 5,719.83
Travel expenses $ 881.00
Total Past Medical $ 400,025.92
Total Conservative Future Medical $ 146,658.49
TOTAL MEDICAL DAMAGES $ 546,684.41

VI. CURRENT CONDITION
Currently, NANCY is a fraction of the woman that she was prior to the bus accident. Prior the bus trip, NANCY would wake up each day at 5:00 a.m. and put in 10-12 hours of work on her farm. She had no lung, kidney, or heart problems. She had run her farm since 1969. Her daily duties on the farm included, but were not limited to, the following:

1. Fixing fences
2. Cutting wood
3. Irrigation repair and clean out
4. Mowing
5. Fertilizing
6. Planting trees and crops
7. Unloading plant material
8. Tending to their farm animals

Today, NANCY can only perform about 15 - 20 percent of her prior responsibilities on her farm. She will start a task and quickly become out of breath, tired, and weak, causing her to rest and not finish the job. For instance, when she tries to plant trees or work on the farm’s irrigation systems, she is quickly forced to rest and try to regain her strength. Most days she is unable to continue. She has lost her vigor, vitality, and stamina to work. She is up many nights coughing and not sleeping. She cannot enjoy the scuba dives or bicycle trips she used to go on because she cannot climb the cliffs for the dives, and she cannot load and unload her bicycles and gear for her trips.

Continue reading "Interstate 5 Bus Accident Injures Female Passenger, Part 3 of 6." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

III. INJURIES
After the incident, plaintiff had immediate onset of right side pain. The morning after her return from the trip, she saw Gary Bell, D.C. for her right side pain. Dr. Bell took x-rays on May 13, 2006. The film revealed two rib fractures. The doctor sent NANCY home to recover.

While shopping on May 27, NANCY became very weak. She was taken home where she collapsed. Her husband immediately drove her to her doctor’s office where she saw Jerry Boeye, M.D. The doctor suspected a possible right side hemathorax. NANCY was rushed by ambulance to Auburn Roseville Medical Center.

Upon arrival at Auburn Roseville Medical Center, NANCY was admitted to the trauma-neuro ICU. During her inpatient stay at Auburn, NANCY underwent a medical ordeal. She had numerous operative procedures. The operative procedures included the following:

5/30/06 Exhibit 3 Thoracoscopy and evacuation of retained hemothorax, left.
6/4/06 Exhibit 4 (1) Video-assisted thoracoscopy with biopsy. CPT Code
32601. (2) Bronchoscopy with therapeutic aspiration.
CPT Code 31645. (3) Thoracotomy with biopsy. CPT
Code 32100. (4) Removal of intra-pleural foreign body.
CPT Code 32150. (5) Partial lung decortications. CPT
Code 32225.
6/4/06 Exhibit 5 Fiberoptic bronchoscopy with therapeutic aspiration.
6/5/06 Exhibit 6 Esophagogastroduodenoscopy with jejunostomy tube.
6/5/06 Exhibit 7 Fiberoptic bronchoscopy with therapeutic aspiration and
bronchial washings.
6/7/06 Exhibit 8 Fiberoptic bronchoscopy with therapeutic aspiration and
bronchioalveolar lavage.
6/9/06 Exhibit 9 Cardioversion.
6/10/06 Exhibit 10 Opening of surgical wound, drainage of pus, debridement
of edges.
6/10/06 Exhibit 11 Tracheostomy using #7 Bivona.
6/10/06 Exhibit 12 Esophagogastroduodenoscopy with J-tube.

Continue reading "Charter Bus Driver's Negligence Injures Sacramento-area Woman, Part 2 of 6." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Plaintiff, NANCY KLEIN, hereby submits the following Mediation Brief.

I. BACKGROUND
At the time of the incident, plaintiff, NANCY KLEIN, was 60 years of age. She lived with her husband of 33 years, Kevin, on their 60 acre plant farm outside Sacramento, California. Together they also leased an additional 50 acres of land for fruit farming. Prior to the bus accident, NANCY was a very active farmer of 34 years working 10-12 hour days on their farm. She did not smoke. She did not have any respiratory complaints. She also went on yearly scuba dives, and loved to bicycle and work on the farm. Today, because of her injuries she can perform only 15 percent of her previous duties as a farmer and land owner.

II. INCIDENT
NANCY and her husband are members of the California Rose Farmers Association. It is a non-profit organization for farmers and growers who enjoy roses and plants. Each year the group charters a bus from the defendant bus company to take the group on a two-day fun-filled “Rose Tour” visiting farms and orchards in Central California.

On May 12, 2006, plaintiff was a passenger on a chartered bus operated by defendant, XYZ CHARTER TOURS and driven by its employee, BOBBI JONES. This was the group’s two-day bus trip to the Central Valley for 2006. As the bus was traveling down Interstate 5 in Elk Grove, an unidentified car passed in front of the bus. Defendant JONES slammed too hard on the brakes. The brakes were applied so hard it even caused the bus to “dip down.” Because the driver slammed on the brakes, NANCY fell, injuring her right side.

Continue reading "Tour Bus Accident Leaves Sacramento-area Woman Injured, Part 1 of 6" »