Friday, July 12, 1996

Claims target negligence by Muni drivers

Toddler's case is
8th in past year filed
by S.F. attorney
against transit agency

By Martha Ginsburg
OF THE EXAMINER STAFF

Saying "bus drivers should not be permitted to endanger the public's safety," the family of a 2-year-old girl whose skull was crushed by a Muni bus in May has filed a claim against transit agency.

Attorney Arnold Laub, representing the child's family, said the claim, and an anticipated multimillion-dollar lawsuit to follow, is his eigth case of negligence against Muni in the past year.

"Bus drivers should not be permitted to endanger the public's safety," said Laub, of San Francisco. "This lawsuit is being filed to force the city leadership to aggressively tackle the problems of bus drivers' negligence and to gain control of a bus system out of control."

A Muni spokeswoman said the claim, filed June 5, is still under investigation. The agency has 45 days to respond, said Laub However, he said most claims are rejected, and he expects to file suit following Muni's response.

Muni's mission is "safe and
reliable transit service to the passengers of San Francisco," Muni spokeswoman Anne Milner said. Laub said Elizabeth Camacho was 2 years old when she rode a 9AX San Bruno Express bus about 5 p.m. on May 6. As she and her grandparents stepped off the bus on Geneva Avenue near Santos, the toddler tripped, Laub said.

Laub said the driver was inattentive and "without regard for the safety of others," failed to note the child's proximity to the bus, and sped away from the curb, striking the child's head.

Elizabeth, who turns 3 in September, suffered a fractured skull and cuts, but doctors have not determined the extent of brain injury, Laub said. But she requires daily home care and will likely need it for the rest of her life, he said.

Laub said the girl's father has noted her reduced ability to speak.

Other Muni victims whose cases Laub is handling include:

Victoria Lee, a 13-year-old girl who was struck as the doors closed on her the same day Elizabeth was injured. Laub said the driver proceeded to drag her, drop her onto the ground and drive over her body. The girl suffered a fractured pelvis, fractured hip and internal injuries. She also required home care after a month in the hospital, Laub said.

Troylene Trammel was dragged three blocks on the 14-Mission April 1 when the driver closed the door on the passenger, Laub said, causing shoulder strain injuries.

Ardette Yvonne Phillips was hurt in her leg and lower back in January when the 23-Monterey struck a car on Palou Street.
David Adams, 26, who was beaten by 12 drunk young men on the 48-Quintara in the Potrero district in September 1995. Adams suffered severe brain damage. Although the driver unsuccessfully tried to help Adams, Laub contends that Muni acted irresponsibly by having drivers untrained in such emergencies and by failing to have video cameras or rapid alarms on board.

Wai Shim Lau, 58, who suffered a fractured wrist in September 1995 when she fell after the bus started rapidly.

Shek Yiu Chan, a 55-year-old man dragged by the 9-San Bruno Express in Chinatown in August 1995 after the door closed on his left arm and leg. An investigation ruled it was driver inattention, Laub said.

Soo Kyoen Lieu, 71, who suffered neck and back injuries in July 1995 on the 47-Potrero after a chair with no screws collapsed and dropped the passenger to the floor.

In fiscal year 1994-95 Muni had 2,015 claims filed against it -- 900 of them personal injury cases, Milner said. Another 974 were property claims; the remaining 141 were a combination of both she said.

About 1,007 claims were settled out of court, Milner said, and another 342 were settled as a result of litigation. The others were rejected, she added.


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