Morgan v. Southern California Rapid Transit District

Opinion

JOHNSON, J.

Defendant, Southern California Rapid Transit District (RTD), appeals from a default judgment entered after its answer to the complaint was stricken for violating discovery orders. We reverse and remand.

Facts and Proceedings Below

Plaintiff, Phillip Morgan, was injured in an accident involving an RTD bus. He sued the RTD for negligence. The RTD denied liability. It contended the accident resulted from the bus driver’s sudden, unforeseeable loss of consciousness and nothing in the driver’s medical history or physical examinations suggested he would black out while driving a bus.