De Vera v. Long Beach Public Transportation Co.

Defendant Long Beach Public Transportation Company appeals from a judgment awarding plaintiff Federico De Vera $17,500 as damages for injuries he sustained when another motor vehicle ran into the rear end of defendant’s bus. The fundamental question presented by defendant’s appeal is whether a common carrier owes a duty to its passengers to investigate an accident caused by a third party for the purpose of facilitating a claim by the passenger against the third party tortfeasor. We hold that it does, and affirm the judgment.

In a consolidated appeal, plaintiff appeals from an order made after judgment denying his motion for relief pursuant to Code of Civil Procedure section 473 from an award of attorney fees made pursuant to Code of Civil Procedure section 128.5. We affirm the order.

Facts

Plaintiff sustained injuries when a bus owned and operated by defendant was rear-ended by a vehicle owned and operated by a third party. He filed a complaint alleging, inter alia, that defendant, through its employees, “negligently lost or failed to obtain the identity of the motor vehicle and its driver that rear-ended or otherwise collided with defendant’s bus in which plaintiff…