Martin v. XYZ, Westside Transit Corp.

REDMANN, Judge.

Plaintiffs appeal from the dismissal on the merits of their suit for damages from plaintiff’s wife’s personal injury from falling from defendant transit corporation’s bus.

The trial judge accepted the testimony of the bus driver and the corporation’s maintenance supervisor that the bus did not and (because of a brake-locking mechanism) could not begin moving while its back door remained open.

Plaintiff wife did testify that the bus started off while she was stepping down from the back door. But she also testified that “whatever happened, you know, I can’t really remember. . . .…