Grandmother sues after injury on bus
A grandmother who broke her leg after a bus driver allegedly slammed on the brakes, flinging her into the seat in front of her, is taking legal action against Transperth's insurer.
Carmel Carrano, who was 76 and lived alone at the time, had to have surgery, including a bone graft, the day after the accident.
After she was discharged from hospital, she lived in a nursing home for several weeks because her injuries, which included a broken left leg and soft tissue damage to her shoulder, caused her to lose her independence.
Mrs Carrano was on her way to see a dressmaker when the incident happened about 7am on January 14, 2013, as she sat in priority seating on a Transperth bus.
She said she was about four minutes from her home on Mirrabooka Avenue when the bus stopped suddenly.
"I was sitting on the front priority seat, so there was nothing to prevent me from being thrown out of my chair," she said.
"When the driver stopped, it was a big stop, and it threw me forward.
"I hit my leg on the chair and, of course, it broke.
"Because of the way the bus stopped all of a sudden, I did not know to expect it and hold on or something."
Mrs Carrano, who does not drive, said she was now scared to catch buses on her own and had ridden on one only when accompanied by a friend.
She said she had been fit and enjoyed dancing before the accident, but now she had a metal plate in her leg and her mobility was affected.
She had seen a psychologist several times since because the incident had affected her mentally.
In a writ lodged in the District Court, Mrs Carrano is claiming the cost of her medical treatment, care and damages.
Her lawyer, Jeff Potter, said insurer Riskcover's position was that the driver was not at fault and Mrs Carrano was responsible for her injuries.
Mr Potter said the case would go to trial if Riskcover did not revise its position. "I don't understand how she could be negligent - she was actually sitting on the seat that they provide," he said.
An Insurance Commission of WA spokesman said Mrs Carrano's claim had not been accepted because after a review of CCTV footage of the incident, Riskcover found the driver was not at fault.
He said no claims had been received from other passengers on the same bus.
