Jury rules not everything is the T's fault

A Suffolk Superior Court jury ruled the MBTA was not to blame for a fall suffered by a man in a wheelchair after he got off a bus in Chelsea in 2007.

Daniel Donovan claimed a bus driver made him get off slightly past the normal stop at the Chelsea Soldiers' Home, on a stretch of sidewalk with a relatively steep slope, which caused his wheelchair to tip over and give him permanent neck problems that required four operations. He sought $300,000 in recompense.

After 20 minutes of deliberation, however, the MBTA says, the jury sided with the T, which presented evidence that Donovan already had neck problems before he got on the bus on May 25, 2007, that he had filed claims for similar injuries in two earlier non-MBTA incidents, that his fall happened after he had already cleared the bus and that the point at which he left the bus was no more sloped than where he actually got off the bus.

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Donovan complaint118.04 KB

Comments

So, will Mr. Donovan

now be forced to pay the court for the time that was wasted and to also reimburse the MBTA's lawyers for the cost of their representation? Seems to me this ought to be a prerequisite for filing any civil lawsuit (like the "Target owes me a gazillion dollars" buffoon), that you automatically agree to pay these costs if you lose the case.