Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper Lookout

October 2017

Joan Grove, who was in her 50s, was standing at an intersection in downtown Pittsburgh during rush hour. While attempting to pass a vehicle near the intersection, the driver of a commuter bus came close to the curb where Grove stood, and the bus struck her. Grove fell to the ground, and the bus’s rear wheel ran over her right lower leg. Grove suffered a crush injury and later developed a MRSA infection and osteomyelitis, which led to a leg amputation.

Grove sued the Port Authority of Allegheny County, alleging that its driver failed to keep a proper lookout during rush hour. The defense argued that Grove had stepped into the bus’s path by standing on the outside curb margin.

The jury awarded approximately $2.73 million, finding the plaintiff 50 percent liable. The case is on appeal.

Citation: Grove v. Port Auth. of Allegheny Cnty., No. GD-14-016095 (Pa. Ct. Com. Pl. Allegheny Cnty. Oct. 13, 2016).

Plaintiff counsel: AAJ members John P. Gismondi and Joe R. Froetschel, both of Pittsburgh.