Jamestown Bus Company
Everytown Bus Company
7849 Castro Valley Blvd.
Everytown, CA 94546
Re: Barbara Schultz v. Everytown Bus Company Case No. 24-C-08-080463
Dear Bus Company: I have been requested to file suit against you for the injuries suffered by my client, Ms. Barbara Schultz, while riding on one of your buses. Ms. Schultz suffered injuries on one of your buses, on November 10, 2008. As a result of the accident she sustained a broken left arm, which at her age of 75 it takes more time to heal, due to the frailty of her elderly bones. She incurred medical expenses due to her broken arm and the injury has prevented her from visiting her family and going about her day to day activities as she normally would do. She has had …show more content…
As in the case of Acosta v. Southern California Rapid Transit District 2 Cal.3d 19, 84 Cal. Rptr. 184 (1970), the plaintiff walked through a half-filled bus to find a seat as she did this, the light changed and the bus started behind another vehicle approximately 40 feet behind it. The driver knew that on the next block there contained a mid-block crosswalk for pedestrians and as he approached the crosswalk he noticed several young boys crossing so he placed his foot on the brake and let the bus coast for about 15 – 20 miles per hour. He abruptly placed the foot on the break when the car in front of him came to a sudden halt in order to avoid hitting the boys going through the crosswalk. In that sudden stop, the plaintiff and two other women were thrown forward in the bus and fell over the coin box and onto the floor placing plaintiff at the bottom. The court in this case favored the plaintiff due to the issue that the bus being a common carrier needed to have the utmost duty of care towards its passenger’s and the court had acknowledged that with the evidence given the driver of the bus had not used the utmost duty of care towards his passenger’s since the driver had knowledge of his daily route and he should have taken more precautions when he saw plaintiff standing, knowing very well the traffic was not a steady flow. As in the case of Acosta, you, the bus company, are held responsible for carrying for your passenger’s. Nicholas the driver did not have the utmost duty of care when driving before Ms. Schultz was seated, nor did he consider her age when he decided to proceed driving prior to her being safely secure in a seat. Ms. Schultz being a frequent bus rider, I’m sure encountered Nicholas the bus
7849 Castro Valley Blvd.
Everytown, CA 94546
Re: Barbara Schultz v. Everytown Bus Company Case No. 24-C-08-080463
Dear Bus Company: I have been requested to file suit against you for the injuries suffered by my client, Ms. Barbara Schultz, while riding on one of your buses. Ms. Schultz suffered injuries on one of your buses, on November 10, 2008. As a result of the accident she sustained a broken left arm, which at her age of 75 it takes more time to heal, due to the frailty of her elderly bones. She incurred medical expenses due to her broken arm and the injury has prevented her from visiting her family and going about her day to day activities as she normally would do. She has had …show more content…
As in the case of Acosta v. Southern California Rapid Transit District 2 Cal.3d 19, 84 Cal. Rptr. 184 (1970), the plaintiff walked through a half-filled bus to find a seat as she did this, the light changed and the bus started behind another vehicle approximately 40 feet behind it. The driver knew that on the next block there contained a mid-block crosswalk for pedestrians and as he approached the crosswalk he noticed several young boys crossing so he placed his foot on the brake and let the bus coast for about 15 – 20 miles per hour. He abruptly placed the foot on the break when the car in front of him came to a sudden halt in order to avoid hitting the boys going through the crosswalk. In that sudden stop, the plaintiff and two other women were thrown forward in the bus and fell over the coin box and onto the floor placing plaintiff at the bottom. The court in this case favored the plaintiff due to the issue that the bus being a common carrier needed to have the utmost duty of care towards its passenger’s and the court had acknowledged that with the evidence given the driver of the bus had not used the utmost duty of care towards his passenger’s since the driver had knowledge of his daily route and he should have taken more precautions when he saw plaintiff standing, knowing very well the traffic was not a steady flow. As in the case of Acosta, you, the bus company, are held responsible for carrying for your passenger’s. Nicholas the driver did not have the utmost duty of care when driving before Ms. Schultz was seated, nor did he consider her age when he decided to proceed driving prior to her being safely secure in a seat. Ms. Schultz being a frequent bus rider, I’m sure encountered Nicholas the bus