Trial Magazine

Isabella Escamilla Sanchez, a 6-year-old elementary school student, traveled to school on a Durham School Services bus. To board her bus, Sanchez typically walked across a street mid-block in front of the bus and in view of her bus driver. One morning, a car traveling from the opposite direction struck Sanchez as she tried to cross the street. Sanchez hit the hood of the vehicle and landed on the pavement. She suffered fractures requiring multiple surgeries, as well as a traumatic brain injury that will necessitate lifetime care. Her medical expenses were approximately $1.26 million.

Sanchez, through a guardian, and Sanchez’s parents, individually, sued Durham School Services, alleging its driver failed to report mid-street crossings to the company, in violation of the company’s policies and procedures. Suit claimed that Durham should have eliminated such crossings or warned against the dangers of crossing mid-block. Additionally, the plaintiffs argued that the bus driver failed to activate her flashing lights until after the incident.

The jury awarded $36.1 million, apportioning liability at 50 percent to the defendant, 30 percent to the bus driver, and 20 percent to Sanchez’s mother.

Citation: Sanchez v. Cnty. of San Bernardino, No. CIVDS 1309504 (Cal. Super. Ct. San Bernadino Cnty. Sept. 21, 2017).

Plaintiff counsel: AAJ members Geoffrey S. Wells, Ivan Puchalt, Tobin M. Lanzetta, and Christian T. Nickerson, all of Santa Monica, Calif.