Appeals court sides with Palm Beach County in Palm Tran injury lawsuit

PalmTranThe 4th District Court of Appeal has upheld a judge’s tossing of a suit by a Palm Tran passenger saying he fell when the bus driver slammed on his brakes.

Altimon Palmer, in a suit filed Nov. 3, 2014, alleged that on the day before Christmas in 2013, he was boarding Palm Tran bus 716, heading down Congress Avenue in West Palm Beach, when the driver braked hard and Palmer fell.

In a memo Thursday to county commissioners, County Attorney Denise Nieman said county lawyers argued the Palm Tran bus was cut off and “there could be no negligence on the part of the bus driver under those circumstances.” She said lawyers for Palmer “argued that the issue of negligence should be left to a jury.”

On March 9, 2016, Palm Beach County Circuit Judge Cheryl Caracuzzo granted the county’s motion to dismiss, saying “there are no genuine issues of fact.”  Palmer’s lawyers appealed, and on Wednesday, the appeals court upheld the dismissal without comment, according to documents.

Attorney Nicholas Russo, whose West Palm Beach firm represented Palmer, in both the original case and the appeal, said Friday he’ll formally ask the appeals court for a rehearing.

“We think the case law out there is pretty clear that the ruling by the trial court should have been overruled,” Russo said.