July 4, 2012

A Toronto jury has dismissed a $1.6 million lawsuit brought against the Toronto Transit Commission by a woman who alleged she was injured on a TTC bus in September, 2006. Last Friday, after a five week trial, the jury returned a verdict that the accident did not cause any injury to Jacqueline Rodas.

Rodas was a passenger on a TTC bus on September 8, 2006. The bus was travelling at a very slow rate of speed when it made contact with a pedestrian. The pedestrian suffered non-life threatening injuries. Rodas claimed she had a neck injury as a result of the sudden stop by the bus, and was taken to hospital.

Rodas settled her claim for accident benefits arising from her accident with her own auto insurer for $225,000. She admitted at trial to providing false information to a claims adjuster for purposes of obtaining benefits.

Rodas claimed her injury prevented her from working and enjoying quality of life activities with her family. The TTC contested this claim. Photographic evidence was introduced by TTC lawyers that contradicted many parts of Rodas’ testimony. Rodas’ husband admitted that on an earlier occasion when he had been under oath, he had not been truthful when he stated the family no longer went on vacations, for example, or that his wife no longer wore makeup, always used a cane, never went swimming, and never wore high heel shoes. The jury accepted that the claim brought against the TTC was not a valid one and found, entirely, in the TTC’s favour.

The TTC will be seeking substantial legal costs from Rodas.

While the TTC is fair and reasonable in its claims management process, it does, and will, defend against those claims it believes to be questionable.

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