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CHURCHMAN v. BAY AREA RAPID TRANSIT DIST.

No. A151698.

39 Cal.App.5th 246 (2019)

ALICE B. CHURCHMAN, Plaintiff and Appellant, v. BAY AREA RAPID TRANSIT DISTRICT, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

August 28, 2019.

Attorney(s) appearing for the Case

Sterns & Walker, Gerald Sterns ; Law Offices of Steven R. Jacobsen and Steven R. Jacobsen , for Plaintiff and Appellant.

Allen, Glaessner, Hazelwood & Werth, Kimberly Y. Chin and Lori A. Sebransky , for Defendant and Respondent.

OPINION

In a crowded, noisy train station, a passenger loses her balance, falls, and injures herself. The main issue we are asked to decide is whether the train operator owed the passenger a heighted duty of care under Civil Code section 2100, which imposes on common carriers a duty to "use the utmost care and diligence...

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