Bay Area Rapid Transit District v. Superior Court
Opinion
Opinion
Anderson, J.
Bay Area Rapid Transit District (hereafter BART) seeks a writ to require respondent court to grant its motion for summary judgment. As explained below, we agree that BART is entitled to summary judgment and grant the requested relief.
Facts and Procedural History
Carolyn Etier (hereafter plaintiff) filed a complaint against BART alleging that on February 18, 1993, plaintiff boarded a BART train at the Oakland MacArthur Station, heading south. As she was standing in the train, preparing to take her seat, the train jerked back and forth approximately five times. The jerks caused plaintiff to be thrown into a seat, injuring her leg. In a first cause of action, plaintiff alleged that the cause of the incident was the negligence of the train operator in not allowing plaintiff sufficient time to take her seat. In a second cause of action, plaintiff alleged that the jerking of the train was caused by “negligent maintenance of the train and negligent supervision of train operators.”
In its answer BART alleged as an affirmative defense design immunity pursuant to Government Code section 830.6. BART moved for summary judgment or, in the alternative, for summary adjudication on…