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Ruling upholds dismissal of suit over Phoenix bus stop crash

Gavel shot
Posted at 6:29 AM, Feb 01, 2019
and last updated 2019-02-01 08:29:42-05

PHOENIX (AP) - An Arizona Court of Appeals ruling upholds the dismissal of a lawsuit against Phoenix in connection with a 2015 crash in which an out-of-control car severely injured a 17-year-old girl while waiting for a bus.

The ruling Thursday agrees with a trial judge that Arizona law gives the city immunity for its decision not to modernize the bus stop where Ruby Orduno was struck.

Installed in 1989, the bus stop's design didn't meet recommended safety standards in effect in 2015.

The city considered improving the bus stop in 2011 but didn't prioritize the work because of circumstances that included a low average boarding rate.

The ruling said Phoenix had immunity because its decision against improving the bus stop flowed from a data-based prioritization process that represented a fundamental government process.