Case Background
On September 21, 2021, Kay Moseley rode a Fresno Area Express bus near Barstow Avenue and Palm Avenue in Fresno, California. She was seated when the bus, operated by a City of Fresno employee identified in filings as John Doe, suddenly braked hard without warning. The abrupt stop threw Moseley from her seat, causing her to strike the bus interior.
Moseley filed a personal injury lawsuit in Fresno County Superior Court on September 15, 2022, naming the City of Fresno and other public entities. She alleged the City controlled and entrusted the bus and that its employee operated it negligently.
Cause
Moseley claimed negligence and motor vehicle liability under California Vehicle Code §17001 and Government Code §815.2. She argued the abrupt braking was unreasonable and unsafe, directly causing her fall and injuries.
Injury
Moseley said she suffered serious injuries when she hit the interior of the bus. The complaint referenced hospital and medical expenses, pain, and emotional distress.
Damages
She sought compensation for hospital bills, lost wages, and general damages for pain, emotional distress, and loss of earning capacity.
Legal Representation
Plaintiff(s): Kay Moseley
· Counsel for Plaintiff(s): Edward M. Morgan
Defendant(s): City of Fresno
· Counsel for Defendant(s): Jesse Banuelos | Mandy L. Jeffcoach
Key Arguments by Counsel
Morgan stressed that public transit passengers rely on drivers to follow safety rules. He said a sudden, excessive stop is not normal operation. Banuelos countered that bus drivers often face unpredictable traffic hazards and must brake to avoid greater harm. He warned the jury against blaming the City for an accident possibly caused by an intervening factor.
Claims Asserted
Motor Vehicle Negligence
Moseley alleged the City’s driver operated the bus recklessly and below the standard of care, causing her fall and injuries.
General Negligence
She also accused the City and its employees of careless operation and supervision of the bus system.
Defense Arguments
Comparative Fault and Assumption of Risk
The City argued Moseley’s own actions or seating position contributed to her injuries. They said she assumed the risk of riding public transit.
Third-Party Liability
The City claimed an unidentified third party possibly another vehicle or road hazard forced the driver to brake suddenly.
Jury Verdict
On August 28, 2025, the jury found Charles Burke, the City’s bus driver, negligent and determined that his negligence substantially caused Moseley’s harm. They awarded her damages for past economic loss amounting to $ 11,436 and past noneconomic loss amounting to $78,563. The verdict confirms the City’s liability and Moseley’s successful claim.
