Articles Posted in Bus Accidents

The law holds people and businesses responsible for injuries caused by their negligent conduct.  In a July 19, 2017 case, the Court of Special Appeals considered a Maryland injury claim brought on appeal by a plaintiff against a bus transportation business.  The plaintiff filed the appeal after a jury found in favor of the defendant.

The victim in the case was a double amputee who required the use of a wheelchair for mobility.   The victim had hired the defendant’s bus transportation company to transport him to his home.  As the driver attempted to load the victim into the transport bus, his wheelchair rolled backwards and fell off the bus’ lift.  The fall sent the victim crashing to the ground and broke his neck.  The victim spent the next few months in the hospital before passing away from his injuries.  The victim’s estate filed suit against the driver and the bus transportation company, alleging negligence.  After a trial, the jury found that the victim’s injuries were not results of the driver’s negligence.

On appeal, the plaintiff argued that the trial court erred by striking the testimony of the plaintiff’s expert.  In Maryland, before allowing expert testimony, a trial court must make the following determinations:  (1) whether the witness is qualified as an expert by knowledge, skill, experience, training, or education, (2) whether the expert testimony is appropriate on the particular subject, and (3) whether a sufficient factual basis exists to support the expert testimony.  With respect to the third element, an expert’s opinion testimony must be based on an adequate factual basis so that it does not amount to conjecture, speculation, or incompetent evidence.  They cannot simply hazard guesses, however educated, based on their credentials.

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Individuals who have been hurt while in the care or on the property of another person or business may be able to pursue compensation from negligent parties in a personal injury claim. A plaintiff in a recent case filed a negligence claim after she was injured while being loaded onto a Maryland Transportation Authority bus. She appealed the jury verdict, which found in favor of the defendant, and the case was reviewed by the Court of Special Appeals of Maryland in a May 10, 2017 opinion.The defendant in the case was the employer of a Maryland Transportation Authority bus driver. The bus driver had assisted the plaintiff, who was in a wheelchair, in boarding the bus. After raising the steel lift to a height that would allow the plaintiff to move into the bus, the driver entered the bus to assist her from the inside. However, as the driver boarded the bus, the wheelchair tipped backwards, and the plaintiff fell on her back. The plaintiff claimed the driver’s employer was vicariously liable for the negligence of its employee.

The plaintiff had argued that the driver violated the defendant’s safety procedures and policies, which provided that operators are not permitted to leave passengers unattended on lifts in the upward position on inclines or ramps. The defendant contended that the driver did not actually leave her but attempted to follow the proper procedure by getting on the bus to pull the plaintiff’s wheelchair into the bus from the lift. At trial, both the driver and his supervisor testified that the driver’s actions complied with all of the defendant’s safety protocols and procedures. After the jury found that the driver was not negligent, the plaintiff moved for a judgment notwithstanding the verdict, which was denied by the trial court.

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