Elderly bus passenger falls, suffers TBI. $4.1M. Los Angeles County.

Facts and Background

• Facts and Background:

  On April 26, 2022, plaintiff, 81, was a passenger on a bus that was owned by the city of Norwalk and driven by Yolanda Velasco. As Fernandez was walking down the aisle of the bus to exit, she fell backwards and struck her head multiple times on a hard bus seat. 

   

• Plaintiff's Contentions:

  That defendant bus driver was negligent in the operation of the bus. Further, that the city was vicariously liable for the driver's actions. Plaintiff claimed that as she attempted to exit the bus, the driver prematurely began to drive the bus, and the abrupt motion caused plaintiff's fall. 

  Fernandez was diagnosed by her expert in neurology with a traumatic brain injury though this diagnosis was disputed by the defense's own neurology expert. Plaintiff claimed to have suffered cognitive issues since the incident, specifically relating to her memory. According to plaintiff, her loss of memory has also caused her to lose her independence, due to her inability to recall where she is at any given time.

• Defendant's Contentions:

  Admitted liability.

  Defendant disputed plaintiff's injury and contended that her Glasgow coma scale score of 15 indicated that she was fully awake, alert and oriented, and that there was no brain bleed seen on the ER imaging, thus proving that plaintiff had no brain injury. Defense counsel also contended that plaintiff had a prior fall and struck her head before the April 2022 accident. The defense introduced an expert in neurology who testified that Fernandez did not have a traumatic brain injury and instead had a closed head injury. He further maintained that her injuries were preexisting and not from the April 2022 fall on the bus.