Trolley Company lawsuit dismissed

A personal injury lawsuit filed against a Jefferson City company has been dismissed.

Attorneys representing Barbara Sexton, of Kansas City, and the trolley operator, John Wiseman, of Jefferson City, as well as the trolley company, The Trolley Company LLC of Jefferson City, announced this week that they agreed the matter had been "fully and finally settled."

Cole County Presiding Circuit Judge Pat Joyce signed off on an order of dismissal with prejudice - meaning Sexton is barred from filing future lawsuits over the same issues.

Under the agreement, the parties are to bear their own costs.

Sexton sustained serious injuries in a September 2015 accident in Cole County while riding in a trolley.

Sexton, who lived in Colorado at the time of the accident, was riding in an eastbound trolley on U.S. 50/63, just west of Lisletown Road, when she leaned out the window of the vehicle and fell, according to the Missouri Highway Patrol. The speed limit in that area is 65 mph.

The patrol said she was exempt from using a safety device.

She was taken to University Hospital in Columbia by ambulance for treatment of her injuries.

In Sexton's suit, she reported the trolley going 65 mph. She claimed she was sitting on the top edge of a bench-seat back when the trolley sharply rounded a curve, pushing her back toward the side of the bus and impacting with the emergency exit window.

The window suddenly opened and Sexton was sucked from the trolley and landed on the road, the lawsuit claimed.

Sexton said her injuries consisted of a fracture at the base of her skull, fractures to her collarbone, a mild traumatic brain injury and internal bleeding in her skull.

Sexton's suit stated the trolley operator, Wiseman, had breached his duty to operate the trolley in a safe and prudent manner by driving at excessive speeds and allowing more occupants than should have been allowed on board.

She also claimed the company was liable vicariously for Wiseman's negligence.

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