(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
PLAINTIFF’S TRIAL BRIEF
NATURE OF CASE AND PARTIES
This is a personal injury action for damages sustained by plaintiff Diane Cash when she was struck by a University bus in a crosswalk on February 6, 2005, in Sacramento. Defendant Terry James was the driver of the University bus that struck Diane Cash. At the time of the collision, defendant Terry James was acting within the course and scope of his employment for the defendant University. The bus operated by defendant Terry James at the time of the collision was owned and maintained by defendant University.
Diane Cash is a 41-year-old senior architect, who has worked for a prominent architecture and design firm for 15 years. She has served as president, vice president and secretary of the local professional architects society with approximately 225 members. She has a degree in architecture from U.C. Berkeley, a residence in El Dorado Hills and numerous friends.
On the evening of February 6, 2005, Diane Cash was walking across Campus Commons Road at University Avenue in Sacramento, on her way to dinner when she was struck by the bus. The intersection is illuminated by street lights. Ms. Cash was using her cell phone, which she held in her right hand. It was raining and Ms. Cash also held an open umbrella, with her left hand. Diane Cash is legally blind in her left eye.
Campus Commons Road runs generally north and south at the intersection and University Avenue runs generally east and west. The intersection is controlled by four-way stop signs and has marked pedestrian crosswalks in all directions. Before Ms. Cash left the curb at the intersection, she checked for traffic in all directions. She observed a vehicle proceeding southbound on Campus Commons Road toward an area where she had parked her car. After that vehicle passed her Ms. Cash observed no other traffic. She proceeded into the intersection and was in the crosswalk looking ahead, when she was struck on the left side by the University bus. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.