McFarland, Cassandra v. H.N.S. Management Company, Inc. d/b/a CT Transit
On March 05, 2024, the Connecticut jury gave the verdict in favor of the Defendant after finding no negligence in a personal injury case arising out of a motor vehicle accident between a public bus and a car.
Case Background
On September 21, 2021, Plaintiff Cassandra McFarland filed a personal injury lawsuit against H.N.S. Management Company, Inc. d/b/a CT Transit. The lawsuit was filed before the Connecticut Superior Court, New Haven JD. Hon. Elizabeth Stewart presided over this case. [Case number: NNH-CV21-6117473-S]
Cause
Defendant H.N.S. Management Company, Inc., doing business as CT Transit, was a duly authorized bus service provider in Connecticut. On December 11, 2019, around 10:30 a.m., Cassandra McFarland was driving a car northbound in the middle lane of Church Street, nearing its intersection with Elm Street in New Haven, Connecticut. At that moment, a CT Transit bus was halted on Elm Street to disembark passengers at the intersection with Church Street. As McFarland turned her vehicle onto Elm Street, the CT Transit bus driver abruptly and without warning maneuvered the bus into the far left lane of Elm Street, causing a collision with McFarland’s car.
Injury
Due to Defendant’s alleged negligence, Cassandra McFarland suffered significant injuries, some possibly permanent, including shoulder, neck, and back pain. She experienced a cervical sprain and a sprain in the back wall of her thorax. Additionally, she endured pain, discomfort, anxiety, and emotional distress. These injuries led to substantial expenses for chiropractic treatment and related care.
Damages
As a consequence of these injuries, Cassandra McFarland could perform daily tasks, but she could no longer participate in life’s activities as she had before. She sought monetary compensation totaling at least $15,000.00, not including interest and costs.
Key Arguments and Proceedings
Legal Representation
- Plaintiff: Cassandra McFarland
- Counsel for Plaintiff: Gary G. Cooper
- Defendant: H.N.S. Management Company, Inc. d/b/a CT Transit
- Counsel for Defendant: Michael P. Foley
Claims
The Plaintiff claimed that these injuries and damages resulted from the negligence of the CT Transit bus driver, who acted negligently in several ways or a combination thereof:
Firstly, the driver moved the CT Transit Bus from a stopped position when it was unsafe to do so, violating common law and Connecticut General Statutes Section 14-243(a).
Secondly, the driver failed to maintain the CT Transit Bus within a single lane of traffic, contrary to common law and Connecticut General Statutes Section 14-236.
Thirdly, the driver operated the CT Transit Bus at an unreasonable speed considering road width, traffic, intersections, weather conditions, and road usage at the time, breaching Connecticut General Statutes Section 14-218a.
Fourthly, the driver was inattentive and did not maintain a proper lookout.
Fifthly, the driver did not adequately control the CT Transit Bus.
Sixthly, the driver failed to steer or guide the CT Transit Bus to avoid colliding with the plaintiff’s vehicle.
Seventhly, the driver neglected to timely apply the bus’s brakes to prevent the collision.
Eighthly, the driver did not provide sufficient warning to the plaintiff’s vehicle about the impending crash.
Lastly, the driver failed to exercise due care and utilize their senses and faculties as a reasonably prudent person would under the circumstances existing at that time and place.
Defense
The Defendant refuted the claims and asserted in a special defense that if Cassandra McFarland suffered the injuries, damages, and losses described in the Complaint, they were directly caused by her negligence. The Defendant alleged McFarland was inattentive and failed to maintain a proper lookout.
Moreover, she did not have her vehicle under sufficient control to stop or steer to avoid the collision. McFarland also neglected to sound her horn or give any timely warning of her approach, and she failed to change the direction of her vehicle to prevent the collision. It was also alleged that she did not operate her vehicle reasonably and prudently. Lastly, McFarland was driving a vehicle with defective steering and braking mechanisms, or she did not use them correctly, contravening C.G.S. Section 14-80h.
Jury Verdict
On March 05, 2024, the Connecticut jury returned the verdict in favor of Defendant H.N.S. Management Company, Inc. d/b/a CT Transit and against the Plaintiff. On the same date, Hon Elizabeth Stewart entered a judgment upholding the verdict in favor of Defendant.
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