Miles, Sears & Eanni attorney Richard Watters recently reached a $1,000,000 settlement in the city bus case Pena v. City of Fresno, et al. filed in Fresno County.
Mrs. Pena, age 89, utilized the bus system almost on a daily basis. She had a monthly pass. She had been in a wheelchair for the last 15 years. The driver would normally affix her wheelchair to the flooring. She was not in the seatbelt provided to disabled passengers on the bus or the seatbelt on her wheelchair which was tied off and inoperable. The seatbelt was not required as per the City of Fresno and as per the American with Disabilities Act.
The driver braked hard to avoid a vehicle in front who had stopped for a pedestrian in the crosswalk and as a result Mrs. Pena was thrown to the floor and fractured her hip. She was in and out of facilities and expired approximately two weeks later.
The parties reached a settlement in February of 2019.