Plaintiff was walking to pick up her grandchild at school when a MUNI bus driver did not see her in a crosswalk and took a right hand turn that resulted in the bus running over Plaintiff’s leg.
Plaintiff was hospitalized for several months, had a severely fractured leg and suffered multiple complications from the leg injury, including pulmonary embolism.
MUNI claimed that Plaintiff was responsible for the accident because she testified that she failed to make eye contact with the bus driver and it was negligent for any pedestrian to walk in front of a bus without making eye contact with the driver even if the pedestrian had the right of way. Further, the bus driver insisted that Plaintiff ran into the side of the bus rather than the bus running over Plaintiff. In addition, the bus driver claimed that Plaintiff was outside of the crosswalk at the time of the impact.
Winer, McKenna, Burritt & Tillis LLP, retained multiple expert witnesses, who established that Plaintiff was in the crosswalk at the time of the accident, thus had the right of way. Further, Mr. Winer was able to obtain an admission from the bus driver during the deposition that she did not look back in the direction of Plaintiff before beginning her right hand turn.
In addition, Winer, McKenna, Burritt & Tillis LLP, retained six medical experts, who ran tests on Plaintiff indicating that she would have permanent residuals as a result of injuries suffered in the accident and that she would likely require extensive attendant care as she grew older.
RESULT: $3,000,000 settlement on behalf of Plaintiff