Diaz

Eduvigis Diaz appeals from the judgment entered in this personal injury action after a jury found the Los Angeles County Metropolitan Transportation Authority (MTA) and its employee, Omar Forero, were not negligent in connection with injuries Diaz sustained when an MTA bus in which she was a passenger collided with a car stopped in front of it. Diaz contends the court erred in refusing to instruct the jury on principles of res ipsa loquitur. [1] Because MTA is a common carrier and substantial evidence supported the conclusion Diaz's injury was the result of MTA's operation of the bus, a res ipsa loquitur instruction should have been given. Accordingly, we reverse.

On November 21, 2005 Diaz was a passenger on an MTA bus driven by Forero. As the bus approached the intersection of Van Nuys Boulevard and Roscoe Boulevard, it braked suddenly, but still crashed into the back of the car driven by Cindy Artero. In the accident Diaz, then 79 years old, fell off her seat and hit her head, sustaining injuries.

Diaz sued MTA and Forero claiming her injuries were caused by Forero's negligence. She alleged Forero had intended to proceed through the intersection and was not…