In Commuter v. CCSF (S.F. Sup. Ct.) Michael Kelly and Conor Kelly obtained an $11,000,000 settlement on behalf of a 78-year-old woman who was struck by a cable car while walking inside a marked crosswalk on Hyde Street. Witnesses originally faulted the plaintiff for the accident, but security video from a nearby building revealed that she began crossing the street several seconds before the cable car ever entered the intersection. Video produced from inside the cable car itself showed that the operator did not sound the warning bell as required to alert pedestrians to the car’s presence. During depositions Mike and Conor established that the MUNI operator violated multiple written safety rules, including the requirement for safe speed through intersections. The City argued that the plaintiff was negligent for not seeing and avoiding the cable car. The client suffered injuries including a fractured skull and traumatic brain injury. She was hospitalized for two months and required ongoing care. The settlement was reached with the assistance of a mediator during jury selection. The $11,000,000 settlement is believed to one of the largest single victim settlements ever paid by the City as a result of a MUNI collision.
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