Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car versus bus accident lawsuit and its proceedings.)
TRIAL BRIEF
Trial Brief of Defendant, Universal Transit, Inc.
THE PLEADINGS
Plaintiff, Robyn Anderson, filed her complaint on August 10, 2009. The complaint contains two causes of action, but they are basically the same. The first is labeled as one for motor vehicle, while the second is labeled as one for negligence. Plaintiff simply asserts that Universal Transit, Inc., is responsible for her injuries and damages because Ellen White operated her school bus in a negligent fashion so as to cause an accident on October 17, 2008.
Universal and Ms. White answered the complaint on September 19, 2009.
FACTS OF THE ACCIDENT
This case arises out of an accident that occurred on Monday, October 17, 2008 at approximately 3:00 p.m., in Sacramento, California. The accident involved a collision between a Universal school bus and a 1997 Ford Taurus automobile which was being driven by plaintiff, Robyn Anderson. Ms. Anderson had a passenger with her at the time, a co-worker by the name of Joanne Li. Ms. Anderson was in the course and scope of her employment with Target at the time of the accident. Consequently, she filed a Workers’ Compensation action as well as this personal injury action.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff was born in Inglewood, California. She was 59 at the time of the accident; she is now 65. She lives in Sacramento.
Ms. Anderson was driving her Taurus northbound on Tulip Drive at approximately 55 miles per hour.
Ellen White was driving a full size 84-passenger school bus. She was also in the course and scope of her employment. There were 10 high school students on board the bus with her. She was driving westbound on Pierson Boulevard.
Pierson Boulevard and Tulip Drive intersect. However, the northbound lanes and the southbound lanes on Tulip Drive are separated by a wide swath of grass which forms a median. Ms. White intended to turn left to proceed southbound on Tulip Drive. To do so, she had to cross the northbound lanes and the median to get to the southbound lanes.
Ms. White brought her school bus to a complete stop and looked to her left and then to her right (even though no one could have been coming from her right). She waited at the stop sign for several cars to pass. When she thought it was clear, she began to pull out from the limit line. However, the plaintiff’s vehicle was too close. Plaintiff saw the bus moving out in her path. She slammed on her brakes. The roadway was wet because it had been sprinkling.
The Taurus struck the bus directly behind the front wheel. Plaintiff broke her right ankle in the impact. Her car was a total loss. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.