Jurors to decide if City Hall is to blame for bus accident
Lawyers made their closing arguments Wednesday in the case of an elderly woman who blames City Hall for a spill she took last year while riding on a Big Blue Bus.
Jurors will resume deliberations today. They must decide if City Hall is responsible for nearly $300,000 in medical bills and an unspecified amount of pain and suffering.
Olive Karony, 85, broke her hip last July while riding the No. 3 bus from the local YMCA to her Montana Avenue home. Gloria Keeling, one of her daughters, sat beside her in the courtroom Wednesday as lawyers made their final arguments.
“The issue in this case is whether a driver has a duty to wait for an elderly passenger to be seated or secured before the bus moves,” said Catherine Lerer, one of Karony’s lawyers. “That is the only issue.”
Lerer said bus driver Victor Sanchez of Palmdale, accelerated too quickly before Karony had a chance to sit down. She and fellow attorney Daniel McGee argued in the week-long trial that City Hall is responsible for the accident because it failed to properly train its driver.
But Deputy City Attorney Norman Hirata told jurors that City Hall has no responsibility for the unfortunate accident. He argued that Karony was seated when the bus went into motion (800) 390-7790 and fell because she was not holding onto a railing or handle.
“Once the bus moves, a passenger moves at her own peril,” Hirata said.
Even if Sanchez had pulled away before Karony sat down, Hirata said Big Blue Bus drivers are only required to wait for passengers to sit before driving if they have disabilities or other special needs.
“Mrs. Karony on the day of the accident was not a special needs person,” said Hirata, who added that Karony was an active elderly woman who worked out three times a week and appeared healthy. “She was a senior citizen, but that’s not enough.”
Twelve experts and eyewitnesses testified in the trial, which is being heard by Santa Monica Superior Court Judge Lorna Parnell.
An Australian couple who was on the bus at the time of the accident testified via satellite that they never saw Karony sit down and that the bus took off with an unexpected lurch.
But Hirata pointed to a report filed by emergency response workers that indicated the accident happened as a result of the bus stopping, not starting. He further argued that it was impossible that Karony fell during the vehicle’s take-off from the intersection of Sixth Street and Wilshire Boulevard because the bus didn’t come to a stop for another half block.
After the accident, Karony was taken to St. John’s Hospital where she underwent surgery to install a permanent plate and screws in her hip. One week later, she was transferred to the nearby convalescent home were she spent three weeks being rehabilitated.
Karony spent a total of $70,000 in medical expenses and now requires full-time medical care, McGee argued. The cost of employing a full-time caretaker for the rest of her expected life will be $205,920.
In addition to the medical expenses, McGee hinted that jurors could arrive at anywhere from $250,000 to $1 million for compensation for the loss of freedom, frustration and sadness caused by the accident.
“This is about the loss of Mrs. Karony’s golden years,” he said.
“This is about the loss of Mrs. Karony’s golden years.” — — DANIEL MCGEE Plaintiff’s attorney
Originally published in the Santa Monica Daily Press print edition on August 14, 2003. Read the original PDF.