Gene Toscano, Inc. represented a 25-year-old pharmaceutical technician who sustained a serious shoulder injury after a collision involving a public transit bus at a busy San Antonio intersection.
The plaintiff was a front seat passenger in a Suburban stopped at a red light on Broadway at the Austin Highway intersection. The driver of the Suburban intended to turn right from the middle lane, which permitted both right turns and straight travel. A VIA Metropolitan Transit Authority bus, stopped in the far-right turn-only lane, proceeded straight instead of turning and collided with the plaintiff’s vehicle.
The plaintiff alleged that the bus driver violated traffic rules by going straight from a turn-only lane. The bus operator claimed instead that he was in the correct lane to continue forward and that the Suburban turned improperly across his path. The defense pointed to multiple passenger witness statements that supported the bus driver’s version of events and questioned the plaintiff’s credibility based on initially suing both drivers.
Following the crash, the plaintiff was treated at the scene by EMS and visited the emergency room the next day. She was diagnosed with a cervical strain, a torn rotator cuff, and a SLAP tear. Six months later, she underwent rotator cuff surgery. Her treating orthopedic surgeon testified about the injury and necessity of the procedure.
The defense argued that the vehicle damage was minor and inconsistent with the severity of the injury. Despite those claims, the jury found in favor of the plaintiff and awarded $155,352.50. With prejudgment interest and court costs, the final judgment totaled $185,208.
This result provided meaningful compensation for the plaintiff’s injury, treatment, and recovery—while holding a public transit agency accountable for unsafe driving behavior.
