Judge rebuffs Greyhound in Colusa cases

A federal judge in Sacramento, ruling in eight Colusa County accident lawsuits, says Greyhound could be liable for failing to put seat belts on its buses.

Judge Morrison England Jr. issued his decision last week in the lawsuits filed after the July 1, 2005, accident on Interstate 5.

The passengers, who were severely injured, claimed that their injuries could have been prevented had Greyhound equipped its buses with seat belts.

Greyhound asked the judge to dismiss the cases, contending that federal law pre-empted the passengers' state law claims.

Greyhound's lawyers said that since the federal government does not require seat belts on buses that any state court action based on the failure to install seat belts was pre-empted by the federal government's inaction.

England rejected Greyhound's argument and said the suits should go to a jury.

The judge found that "the absence of federal seat belt requirements for passengers is more descriptive of a minimum protection mandated by federal law, rather than a clear indication that such passive restraints should not be required."

And, he wrote, the government's failure to require seat belts on buses does not prevent injured bus passengers from pursuing claims based on the failure to install seat belts.

"This is a huge victory for the public," plaintiffs' lawyer Stuart Talley said in a statement. "For years experts in the field have been calling for seat belts on buses but somehow the bus industry has been able to prevent legislation from being enacted."

According to Talley, "Every year, hundreds of people are severely injured in bus accidents and many die. In fact, since our case was filed more than a 105 people have died in bus accidents throughout the United States. Greyhound and the bus industry have simply provided no rationale basis for their refusal to install seat belts. This decision will hopefully allow a jury to hold Greyhound accountable for its actions."

The accident happened when Tu Phuoc Nguyen lost control of his rented Nissan Altima while driving south on I-5. The vehicle spun out of control across both lanes of the freeway, forcing the Greyhound, which carried about 40 passengers, off the road. It rolled on to its right side.