Reimbursement Injuries After Jury Trial
Ms. G. was a passenger on an MBTA trolley traveling from Ashmont to Mattapan Station. The trolley became dysfunctional. A second trolley came along. The driver of the second trolley, a student driver and his instructor, attempted to hook up the two trolleys, to push the first trolley into Mattapan. A third trolley came along and struck the second trolley, jolting the third trolley and knocking Ms. G. onto the floor.
She was taken to the hospital by ambulance and treated for cervical and lower back pain, and contusions to the right shoulder and pelvis. She was released that night but went back to the hospital two days later with an acute urinary tract infection. Her injuries were compounded by a subsequent pregnancy. In a report certified by her doctor and entered into evidence at trial, Ms. G. suffered a back sprain as a result of the trauma and required the use of a back brace. The MBTA denied responsibility. They said they were not certain Ms. G. was on the trolley. The driver of the first trolley testified that the jolt was nominal, however, on cross examination admitted that others were taken to the hospital – including the driver of the third trolley.
We won the trial for Ms. G. before a District Court judge. The MBTA appealed the case to the Superior Court for a trial by jury. The jury doubled the judge’s findings.
See: Suffolk Superior Court Civil Action Number 886725.
See: Massachusetts Lawyers Weekly, July 23, 1990.