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Zarwin Baum Attorneys Obtain Summary Judgement for Megabus in Personal Injury Action in Federal Court

October 8, 2013

On October 8, 2013, Judge Cynthia Rufe, United States District Judge for the Eastern District of Pennsylvania, granted the motion of Zarwin attorneys, Bryan P. Werley and Theodore M. Schaer, for judgment in the matter of Harrison v. Megabus. In that case, Harrison had alleged she sustained cervical disc bulges and herniations at three levels in her cervical spine and one level in her lumbar spine, fracture of her large right toe and parasthesia into her leg as well as other injuries, when she fell down a stair case on a double decker bus. She claimed the bus was operated erratically in heavy traffic, allegedly causing Plaintiff to lose her balance and fall when she attempted to descend a set of stairs on the way to the restroom.

Zarwin attorneys successfully argued, following the depositions of the bus driver, Harrison and several of Harrison’s family members who accompanied her, that the jolting or jerking of the bus was no more than one would expect when riding on a bus . The Court agreed, stating “[b]ecause Plaintiff cannot show that a warning was necessary in light of obvious traffic conditions, that the movement of the vehicle while she was descending the stairs was beyond her reasonable expectation, or that the accident itself demonstrates that the operation of the bus was negligent, the Court grants summary judgment in favor of Defendant.”

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