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Carlos v. MTL Inc.10/31/1994
OPINION OF THE COURT BY WATANABE, J.
Encarnacion Carlos (Encarnacion) and her husband, Melchor Carlos (Melchor), (collectively, Plaintiffs) appeal from a judgment absolving MTL, Inc. (MTL) and Daniel Nartatez (Daniel) (collectively, Defendants) of liability for injuries sustained by Encarnacion when she fell from a bus owned by MTL and driven by Daniel.
Challenging seven Conclusions of law entered by the trial court, Plaintiffs argue that the trial court committed error in three respects: first, the trial court wrongly concluded that Defendants did not breach any duty owed to Encarnacion; second, the trial court improperly failed to apply the doctrine of res ipsa loquitur to presume Defendants' negligence; and third, the trial court incorrectly concluded that Encarnacion's contributory negligence barred any recovery by Plaintiffs.
We affirm.
BACKGROUND
On April 11, 1988, Encarnacion was a passenger on an MTL bus headed for Kalihi and driven by Daniel, an MTL employee for seventeen years. Encarnacion planned to get off the bus at 'Umi Street, the last stop (terminus) on the Kalihi route, and then transfer to a Foster Village bus to return home. When the bus arrived at the 'Umi Street terminus, Encarnacion was the last passenger on the bus to exit. The Foster Village bus was already at the terminus.
According to Encarnacion, she headed for the rear door of the bus, carrying a purse on one arm and a canvas bag containing three books on the other arm. When she had planted both of her feet on the higher of two steps descending out of the bus, the rear door of the bus suddenly closed and opened on her about four times, hitting her stomach and face, knocking her backwards, making her dizzy, and causing her to fall out of the bus and sustain injuries. Encarnacion admitted that she had not been holding on to any rail or any part of the bus for support while preparing to exit the bus.
At the June 13, 1991 trial, Encarnacion, who by then was seventy-one years old, testified that while the door was repeatedly closing and opening on her, she screamed to Daniel, "Oh, please, I'm yet here." She further testified that when she fell out of the bus she was knocked unconscious but forced herself to wake up. She then saw Daniel step out of the bus, look at her, and then get back into the bus as if to leave. Encarnacion threatened Daniel that she would call the police if he left and began looking for a pen to write down his bus number. It was only then that Daniel attempted to assist her.
The defense version of what happened on the day in question was totally different.
Daniel testified that after the bus had stopped at the 'Umi Street terminus, he locked the rear door of the bus because he thought all the passengers had departed. He then stood up to change the destination sign in the front of the bus and prepare for a trip in the opposite direction. It was only when he heard Encarnacion say, "Open the door," that he looked in the rear view mirror and realized that Encarnacion was still in the bus, standing on one of the steps of the rear exit. He did not observe the rear door closing and opening on Encarnacion at the time, and had seen no other passenger that day having trouble with the door. Daniel then unlocked the rear door, which was in a "passenger-control" mode, allowing Encarnacion to open it by pushing a touch bar. He then returned to the task of changing the destination sign.
Daniel testified that he did not see Encarnacion fall from the bus. However, he subsequently noticed that she was hurt because he saw her hobble to a bench at the bus stop, roll down her stockings, and examine her blee
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