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VERDICTS
Verdict in Favor of the Defense
RPS Partner who tried case: Don L. O'Keefe
We represented: Bi-State Development Agency, d/b/a Metro
Venue: St. Louis City Circuit Court
Facts: Plaintiff sued a local bus company for discharging her at a bus stop that had a depressed curb and sidewalk that she claimed was in disrepair. As she alighted from the bus, she stepped down upon the curb and twisted her ankle, leading to a trimalleolar ankle fracture that had to be reduced in the emergency room. Thereafter, plaintiff had an open reduction procedure to stabilize the fracture, which included the addition of a plate and multiple screws. Plaintiff claimed medical expenses of $25,000 and lost wages of $7,500 as she recovered for nine months following her surgery. As a common carrier, plaintiff alleged that the bus company owed plaintiff the highest degree of care for safe egress from the bus. At trial, plaintiff claimed the bus driver discharged plaintiff in an area which was outside the bus zone and then moved the bus to the bus stop sign after the accident. The bus company denied this assertion and claimed its actions in allowing plaintiff to exit the bus were not only reasonable but proper given the general conditions of the streets and sidewalks in this area. The jury agreed after deliberating for one hour before returning a defense verdict in favor of the bus company.
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