Woman hit by bus is awarded $4.5M

An Alexandria jury has returned a $4.5 million verdict for a woman who was hit by a city bus while crossing the street. Initially a negligence action, the case took a turn after discovery revealed that the driver had a significant history of unsafe driving with the Alexandria Transit Company.

Washington attorney Joseph Cammarata, who represented the plaintiff, says the bus company should have had more concern for the safety of the community it serves. “This was a situation where they were ignoring behavior that knowingly put the public at risk,” he said.

The accident occurred on Aug. 6, 2014, near the King Street Metro Station in Alexandria. The plaintiff, Sherry Galloway, had walked about three quarters into a crosswalk when she was struck from behind by a left-turning ATC bus.

The impact forced Galloway under the front driver’s-side tire of the bus, where she remained trapped for about one minute.

Due to the crushing injury, Galloway suffered extensive nerve damage to her right leg, including an internal degloving injury to the entire length of her right thigh. She underwent multiple surgeries, incurring medical expenses of approximately $188,000.

Galloway filed suit, alleging negligence against the driver and bus company. During discovery, however, Cammarata learned that the defendant driver, Seblewongel D’arcy, had been in four other preventable accidents in a 36-month span while employed by the bus company. One such accident involved a collision with a pedestrian.

According to Cammarata, bus company policy required that an employee be terminated after four preventable accidents. Despite this policy, Alexandria Transit Company continued to employ the defendant driver. Cammarata said the bus company justified keeping D’arcy on board because the previous accidents had been minor.

Once the driver’s history became known, Galloway amended her complaint to include claims of negligent retention and entrustment. Cammarata relied on the deposition of bus company representatives to prove these claims to a jury.

The case went to trial on Sept. 14, with Alexandria Circuit Judge Lisa B. Kemler presiding.

Jurors saw video footage of the accident captured from the bus that hit Galloway, along with footage from two additional buses that were nearby at the time.

Video showed that the bus was on its side of the double yellow line and had not started to turn when Galloway entered the crosswalk. The footage also established that the bus driver doubled her speed from the double yellow line to the moment of impact, and that as she was driving, she did not look at the roadway ahead.

Plaintiff’s expert accident reconstructionist testified that, had the bus not increased its speed, the collision would have been avoided.

Fairfax attorney David Fudala, who represented the defendants, could not be reached for comment as of press time.

According to Cammarata, the defense claimed that Galloway was contributorily negligent because she did not look before she stepped into the crosswalk, and was looking down as she crossed.

Galloway argued that she did not see the bus before it hit her, nor did she notice any signs of danger before entering the crosswalk.

Galloway, who is 55, now walks with a limp and relies on a cane. Her injuries have left her in constant pain and unable to sit or stand for long periods of time. In addition to the physical injuries, Galloway was diagnosed with Post Traumatic Stress Disorder.

Prior to the collision, Galloway worked as a corporate relations specialist, but due to the limitations caused by her injuries, she is no longer employable. Plaintiff’s experts presented a diminished earning capacity claim of $823,000.

Experts also approximated a life care plan of $700,000, which accounts for additional surgeries, ongoing medication, doctor consultations and modest household assistance.

The defendant’s final settlement offer was $750,000, Cammarata said. His last demand for the plaintiff was $6.3 million.

On the fifth day of trial, the jury deliberated for more than three hour before returning a verdict. The jury found for Galloway on all claims, and returned an award of $4.5 million.

Cammarata said he expects the defense to file a post-trial motion asking that the court rule the plaintiff was contributorily negligent as a matter of law.