Panish Shea & Boyle LLP Announces Record Affirmance of $15.3 Million Verdict Against Alameda-Contra Costa Transit District
August 21 2018 - 3:22PM
Business Wire
The California Court of Appeal has upheld a $15,313,703 landmark
judgment against Alameda-Contra Costa Transit District (“AC
Transit”) for a woman and her daughter after the woman suffered a
broken back while riding on a bus being driven recklessly by an AC
Transit employee. Plaintiffs Maria Francisco and her daughter, Mia,
were represented on appeal and at trial by Brian Panish, Spencer
Lucas and Patrick Gunning of Panish Shea & Boyle LLP.
Plaintiffs were also represented on appeal by Margaret M. Grignon
of Reed Smith LLP and in the case by Ivan Golde of the Law Offices
of Ivan W. Golde.
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"The decision affirming the jury's verdict will
hopefully force AC Transit's insurance company to do the right
thing to pay the judgment in full," says Spencer Lucas. "Ms.
Francisco owes more than $1 million in past medical expenses and is
in desperate need of ongoing treatment. This decision
will allow her to finally get the treatment she needs."
On August 27, 2011, Maria Francisco, her daughter and other
family members were passengers on an AC Transit bus, traveling to a
shopping mall to purchase clothes and a gift for Mia who would be
starting preschool. The bus went over a speed hump in a school zone
at 30 mph, more than twice the legal speed limit, throwing Ms.
Francisco into the air from her metal seat and causing her to land
with such extreme force that she suffered a severe traumatic burst
fracture to her L1 vertebra. Despite her obvious distress, the AC
Transit bus driver began verbally attacking Ms. Francisco in front
of her daughter, accusing her of lying about her injury and
threatening her with prosecution. The entire incident, including
the bus driver’s conduct, was captured on videotape by AC Transit
cameras.
Ms. Francisco underwent three spinal surgeries, including a
spinal fusion, as a result of her injury and it would take nearly
three years for AC Transit to admit liability. Throughout the 2014
trial, the public transit agency disputed the necessity of Ms.
Francisco's surgeries and every other aspect of the 21-year-old
mother's damages including her future medical expenses, loss of
earnings and pain and suffering, suggesting that she was lying and
exaggerating the nature of her injury. The jury disagreed, awarding
Ms. Francisco a total of $10,000,000 in past and future pain and
suffering, $3,385,965 in past and future medical expenses, $800,266
for future loss of earnings and $127,472 for past family services.
Ms. Francisco’s daughter was awarded $1,000,000 for past and future
emotional distress relating to her witnessing the incident. The
trial court denied the defendants motion for new trial on July 29,
2014 and an appeal was filed by AC Transit counsel on September 2,
2014.
On appeal, AC Transit contended the $15,313,703 judgment must be
reversed, citing erroneous accusations of “rampant and deliberate
misconduct” by plaintiffs' counsel that deprived defendants of a
fair trial. The Court of Appeal disagreed with the defense
contentions and found the trial court did not err in determining
there was no prejudicial attorney misconduct, noting that, "An
attorney does not commit misconduct by questioning the 'persuasive
force' or merits of the other side’s argument."
The Court of Appeal also disagreed with defense contentions that
the trial court engaged in prejudicial judicial misconduct by
making several comments that displayed a bias in favor of
plaintiffs, including comments the trial court made during the
testimony of plaintiff's expert and improperly “validating” Ms.
Francisco’s pain and “bolstering her credibility” by commenting
that she appeared uncomfortable while testifying in court, and
calling for a short break. As noted by Acting Presiding Justice
William McGuiness, "a trial court has the power to ask questions of
witnesses to elicit material facts and make comments to clarify
testimony."
Additional defense contentions rejected by the Appellate Court
include the exclusion of defense counsel's expert testimony
regarding future surgery, the admittance of "undiscounted medical
bills" into evidence while excluding any self-pay discounts, and
that the jury was influenced because “the noneconomic damages [the
jury awarded] are grossly disproportionate to plaintiffs’ harm,
indicating that they were tainted by passion and prejudice induced
by the pervasive misconduct and other errors at trial.” Of the
latter, the Court found there to be sufficient evidence to support
the award and affirmed the judgment for both Maria and Mia.
As such, the Francisco verdict remains the largest known
judgment against AC Transit to date.
AC Transit was represented on appeal by Dana Alden Fox, Shawn A.
Toliver and Julie M. Azevedo of Lewis Brisbois Bisgaard & Smith
LLP as well as Michael G. Yoder and Sabrina Heron Strong of
O'Melveny & Myers LLP.
Francisco v. Alameda-Contra Costa Transit DistrictCourt of
Appeal of the State of California, First Appellate District,
Division ThreeCase No. RG12-617444
About Panish Shea & Boyle LLP
Panish Shea & Boyle LLP represents plaintiffs in wrongful
death, catastrophic personal injury, product liability, mass torts,
and business litigation cases. Firm attorneys are repeatedly
recognized for their excellence by other trial lawyers, legal
organizations and publications nationwide and have dedicated
themselves to obtaining justice for clients who are dealing with a
life-altering injury, death of a family member or other challenges
caused by the wrongful act of another. The firm is consistently
ranked among the best plaintiff's law firms in the country,
including by U.S. News & World Report, where it has been
recognized as a Tier One law firm in the areas of Plaintiffs
Personal Injury Litigation and Plaintiffs Product Liability
Litigation, as well as by the National Law Journal which named the
firm in its Elite Trial Lawyers list. www.psblaw.com
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MEDIA CONTACT:Panish Shea & Boyle LLPAngela
Baileybailey@psblaw.com909-286-4040