San Bernardino Jury Awards $36.1 Million to Six Year Old Girl Hit By Car While Walking to Bus Stop.
Child Who Jaywalked Awarded $36.1 Million Partially Against Mother - A 6 year old girl was crossing the street mid-block to the school bus stop when she was hit by a car. The pedestrian was struck by the vehicle, flew through the air, and sustained catastrophic personal injuries, including traumatic brain injury, broken bones, and was in a coma for months. Her parents filed a lawsuit against the bus company, alleging negligence. Last week, the jury verdict awarded the girl $36.1 million against the defendant Durham School Services, a private company. The Civil Complaint alleged that the bus company and bus driver were negligent when they failed to advise of a pattern of jaywalking to the bus stop. The Jury ruled that the defendants breached their duty to report the unsafe condition to the School District.
The transportation director for San Bernardino City Unified School District testified that his department relies on the school bus drivers to report any dangerous conditions such as a pattern of jaywalking. Two bus drivers also testified at the trial, who both said that they never saw the dangerous condition. Several mothers countered that testimony when they took the stand and said that their children also jaywalk to the bus stop.
The jury attributed comparative fault of 20% to the injury victims mother, because she always allowed the jaywalking, which led to the pedestrian being struck by a car.
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