Articles & Updates

Cassie Nighohossian vs. Agency for Community Transit

by James Gallen

Petitioner was employed as a bus driver for respondent. After completing one route she returned to the facility where she consumed her lunch. She then clocked back in and was in the process of walking on a sidewalk to a “relief car” which was to take her to relieve a driver on a route. While walking her foot rolled off the sidewalk causing her to fall. When she fell she injured her left elbow. At the time the petitioner was wearing tennis shoes and was carrying her purse which contained, among other things, a clipboard with work data, a route book with transfers and a bottle of water for use while she was driving. There was no observable defect in the sidewalk in the photos. The petitioner confirmed the absence of a defect in her testimony. The petitioner’s explanation for the fall was that she was just not paying attention to where she was walking. The Arbitrator denied the claim on the basis that there was no defect in the sidewalk where she fell. The Arbitrator’s Decision was affirmed on Review.