Lucille Baumgartner v. Bi-State

This is an appeal from a judgment for defendant in a personal injury action. The petition alleged that plaintiff was struck and injured by a Bi-State bus while she was walking across the street with the traffic signal. The jury found 0% fault for both parties and judgment was entered pursuant to the verdict. Plaintiff's motion for new trial was timely filed on March 23, 1990. The trial court did not rule on the motion within ninety days; it was, therefore, denied. Rule 78.06. Plaintiff appeals from the judgment. We affirm. Plaintiff was crossing the street, southbound, at Washington and Broadway in the City of St. Louis. A Bi-State bus, making a left turn onto Washington, struck plaintiff while she was in the crosswalk. Three witnesses, including plaintiff, testified that the light was green and the ""walk"" sign was on at the time plaintiff was crossing the street. The bus driver testified that he approached the intersection and waited for pedestrians to get clear before making his turn. About three-quarters through the turn the bus driver heard a thump. When he looked into the left side mirror he saw plaintiff sitting on the ground. He further testified that plaintiff walked into the street after he began to make his turn.