Sacramento, CA (PRWEB) July 6, 2009
Yesterday, a Federal Court judge in Sacramento, California ruled that Greyhound could be liable for failing to put seatbelts on their buses. In this case, the plaintiffs were 8 passengers who were traveling on a Greyhound bus that was involved in a roll over accident just north of Sacramento on the I-5 Freeway. The passengers, who were severely injured in the accident, claim that their injuries could have been prevented had Greyhound equipped its buses with seat belts.
Greyhound sought to have the case dismissed arguing that Federal law preempted the passengers' state law claims. Specifically, Greyhound argued that since the Federal Government does not require seat belts on buses that any state court action based on the failure to install seatbelts was preempted by the Federal Government's inaction.
In its ruling the court rejected Greyhound's argument and is allowing plaintiffs' seat belt claims to go to a jury. The judge found that the Federal Government's failure to require seatbelts on buses does not prevent injured bus passengers from pursuing claims based on the failure to install seat belts.
Plaintiff's attorney, Stuart Talley, said:
"This is a huge victory for the public. For years experts in the field have been calling for seatbelts on buses but somehow the bus industry has been able to prevent legislation from being enacted. Every year, hundreds of people are severely injured in bus accidents and many die. In fact, since our case was filed more than a 105 people have died in bus accidents throughout the United States. Greyhound and the bus industry have simply provided no rationale basis for their refusal to install seatbelts. This decision will hopefully allow a jury to hold Greyhound accountable for its actions."
The action in which the order was entered is pending the U.S. District Court for the Eastern District of California and entitled Soto v. Greyhound et al., Case No.. 2:06-CV-01612 MCE-DAD
Stuart Talley is a partner in the Sacramento firm of Kershaw, Cutter & Ratinoff . Kershaw, Cutter & Ratinoff prosecutes personal injury, class actions, and other complex litigation on behalf of a wide range of consumer and investor clients, in state and federal courts across the nation. To visit Kershaw, Cutter, & Ratinoff's website for more information, please go to http://www.kcrlegal.com.
For more information, contact Stuart Talley, at Stalley(at)kcrlegal.com or at 916-448-9800.
Contact Person: Stuart Talley