Trial News

Rosa Pena, an 89-year-old woman who used a wheelchair, took the Fresno Area Express bus almost every day. While Pena was riding the bus one day, the driver braked hard to avoid a collision. Pena was thrown out of her wheelchair to the floor, suffering a fractured hip. She was transported to a hospital to undergo surgery, but her condition deteriorated, and she died two weeks later. She is survived by her four adult children.

Pena’s children sued the city of Fresno, alleging its driver negligently failed to secure Pena into her wheelchair using the shoulder harness available on the bus or the wheelchair’s seat belt.

The defense argued that it was not required to belt in wheelchair passengers under the Americans with Disabilities Act.

The parties settled for $1 million.

Citation: Pena v. City of Fresno, No. 17CECG02429 (Cal. Super. Ct. Fresno Cnty. Feb. 7, 2019).

Plaintiff counsel: Richard C. Watters, Fresno, Calif.