Nature of the Case
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Facts
P, was injured while riding a bus manufactured by D and owned and operated by the City and County of San Francisco (City). In part, P alleged that the bus was defective in design in that P's seat lacked 'handrails or guardrails within reasonable proximity' and that this defect was a proximate cause of her injuries. P claimed that D was strictly liable for the damages she had sustained. P settled her claim against the City. P was 62 years old at the time of the accident. P knew that the bus would make a right turn from Market Street onto Eighth Street. The bus driver 'turned very sharply' and 'as he turned [the bus] kept gaining speed.' P was propelled from her seat. She did not have time to put her foot out to brace herself. She did reach with both arms for something to hold on to but '[there] was nothing there to grab.' P was hospitalized for approximately 18 days and used crutches for several months thereafter. The complaint alleged that the bus was defective in design in that P's seat lacked handrails or guardrails within reasonable proximity and that this defect was a proximate cause of her injuries. P's evidence showed that she had been riding in the first forward-facing single seat on the right-hand side of the bus and that when she was propelled from her seat she reached with both arms for something to hold on to, but there was nothing there to grab. In addition to her testimony, P introduced photographs of the bus. At the conclusion of P's case-in-chief on the question of liability, D moved for a judgment of nonsuit. D contended that P had failed to introduce evidence sufficient to establish that the bus was defective in design or that the alleged defect was a proximate cause of P's injuries. The trial court granted the motion, dismissed the jury, and entered judgment for D. P appealed.
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