Trolley car starts suddenly: Failure to warn: Leg fracture: Verdict

Law Reporter, Sep 2002

Ingham v. San Diego Trolley Co., Cal., San Diego County Super. Ct., No. GIC741565, Oct. 25, 2001.

Ingham, 76, had just entered a trolley car when it suddenly started moving. Ingham was thrown against the metal corner of a seat. She suffered a comminuted, depressed tibial plateau fracture requiring a cast and possible future knee replacement surgery. Her medical expenses totaled approximately $27,800, including home assistance. Ingham is retired.

Ingham sued the trolley company, alleging its driver was negligent in suddenly starting the trolley car without giving any warning and in starting with an excessive degree of acceleration.

A jury awarded plaintiff about $102,800. After posttrial motions, the court entered final judgment for about $105,900.

Plaintiff's orthopedics expert was Robert Tonks, San Diego, Cal. Defendant's orthopedics expert was Raymond Vance, San Diego, Cal.

Plaintiffs Counsel

*Martin Blake, San Francisco, Cal.