Orange County Partners Esther P. Holm and Ryan Anderson, with Associate Alexandra N. Anast, recently obtained summary judgment in favor of a public entity in a public transportation case involving a fall on a bus. The team represented both the public transportation company and the public entity defendants. The plaintiff alleged she was standing on the bus when the bus stopped short, causing her to fall and hit her head. The driver had slammed on the brakes because a pedestrian had run in front of the bus. The plaintiff alleged injuries to her back, neck, both legs and arms, and also claimed a head injury.
The plaintiff originally sued the transit district, timely filed the required administrative claim, but failed to timely file the lawsuit. The plaintiff then tried to sue the bus company as a Doe defendant. The Orange County team met and conferred with the plaintiff, as the bus company did not qualify as a Doe defendant since the plaintiff was aware of the company prior to the lawsuit being filed. Counsel agreed and dismissed the Doe Amendment. Turning next to the transit district, the team filed a motion for summary judgment on the grounds that the lawsuit was not filed within the prescribed period. The court agreed and granted judgment.