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Broward County Bus Driver Not At Fault For Woman's Fall
An elderly woman who fell while getting off a Broward County bus recovered nothing on her claim against the county in Muliero v. Broward County (Case no. 01007209)..
Claiming a fractured hip, ankle and wrist for which she sought $235,000 in damages, Edith Muliero, 80, argued that the driver was to blame because he did not stop at the bus stop and did not kneel the vehicle at curbside. Such a feature allows drivers to lower their buses to curb level for easier boarding.
The county contended that drivers stop at points other than a bus stop only if they are signaled to do so, which no one did. The defense also argued that drivers have the discretion to drop their passengers elsewhere if they deem it to be safe, which the driver did as a courtesy to the plaintiff. Finally, the county contended that drivers are only required to kneel their buses for the disabled. But in this case, the driver had intended to kneel it for the plaintiff regardless when she rushed off while his hand was on the lever.