Trial Magazine

Birmingham-Jefferson County Transit Authority bus driver Reginald Dee Thomas had a medical condition that allegedly caused him to pass out. One day, while operating a MAX transit bus with more than 20 passengers on board, Thomas lost consciousness. The bus overturned and landed in a ravine.

Fifteen of the passengers, whose ages ranged from 25 to 61, suffered a variety of injuries, including a leg amputation; spinal, rib, and ankle fractures; knee injuries; and connective tissue damage. Their medical bills were upwards of $361,600.

The injured passengers sued the transit authority and Thomas, alleging negligence; wantonness; negligent entrustment; and negligent hiring, training, and supervision, among other claims. The plaintiffs argued that although Thomas had twice passed out while operating a bus before the ­incident, the transit authority failed to take action.

The jury awarded $12 million, including $6 million in punitive damages. The plaintiff who required a leg amputation was awarded $5 million in compensatory damages plus punitive damages.

Citation: Williams v. Birmingham-Jefferson Cnty. Transit Auth., No. 68-CV-2015-900100 (Ala. Cir. Ct. Jefferson Cnty. Dec. 12, 2017).

Plaintiff counsel: Brandon Bishop and AAJ member Sara Williams, both of Birmingham, Ala.