Ronald E. Cunningham had a blood alcohol level of more than three times the legal driving limit and was carrying two 18-packs of Budweiser when he attempted to board an Orange County Transportation Authority (OCTA) bus at the corner of Main and LaVeta in Orange. The attempt caused Cunningham a catastrophic personal injury that led to a $7.5 million settlement from the OCTA.
According to Callahan’s attorney, Daniel Callahan of Callahan & Blaine, the bus had already pulled away from the curb when Cunningham tried to board; the bus driver reported that she heard someone knocking on the side of the bus and stopped, but didn’t see anyone and started driving again. Cunningham apparently fell when the buss topped the second time, and his left leg was run over by the bus when the driver continued.
According to Callahan, during settlement negotiations the OCTA contended that Cunningham was not behaving safely in trying to stop a moving bus and that his high blood alcohol level is what caused him to fall. Callahan countered by saying that Cunningham “was fully capable to go to the store and buy beer and equally as capable to walk back to the bus stop to go home.”
According to OCTA spokesperson Joel Zlotnik, intoxicated customers should not be summarily denied service for that reason, adding that “the bus could be used as an option for those who choose to drink …as long as they conduct themselves in a safe manner and are not disrupting other customers.”
The case settled out of court just before it was scheduled to go to trial. Cunningham will now receive the money within 30 days. Zlotnik stated that $3.1 million of the settlement will come from a special OCTA fund and that the rest will be paid by the organization’s insurance company. It was the insurance company that decided to settle the case out of court.
At Callahan & Blaine, winning is our specialty. All of our attorneys have at least seven years’ experience, and many of them have 15-25 years’ experience; we use that experience to accomplish record breaking jury verdicts and settlements. If you or someone you know has been catastrophically injured or killed in an accident, contact Callahan & Blaine for expert personal injury representation.
