No doubt inspired by Ms. Timms’ success, fellow Chicago Transit Authority bus driver Donald Hall has made a similar argument in a lawsuit he is currently defending for fatally striking a pedestrian in 2009.
Michael C. Payne, a man with physical disabilities, allegedly slipped under the rear tires of the bus Mr. Hall was driving, and the bus crushed Mr. Payne to death. Mr. Hall has argued he should not have to view video footage and photos of the incident because he suffers from post-traumatic stress disorder and viewing the images would harm his health.
In this case, perhaps because Mr. Hall is a defendant, the trial court denied Mr. Hall’s motion for a protective order to exclude such evidence during his deposition and trial testimony. The 1st District Appellate Court unanimously upheld the decision.
Sources: Mary Kate Malone, “http://www.anesilaw.com/Center-for-Legal-Excellence/Bus-Driver-Cant-Avoid-Accident-Video-In-Wrongful-Death-Case.pdf“>Bus driver can’t avoid accident video in wrongful-death case,” April 3, 2013; Vera Payne etc. v. Donald Hall, No. 2013 IL App (1st) 113519 (First District, Fifth Division, March 22, 2013)
David Applegate is a Chicago-based trial lawyer and partner at the law firm of Williams Montgomery & John Ltd.
