Whitehorse transit users better make it to the bus on time.

On the heels of a small claims court decision, the city is looking at making some changes that may see drivers not stop for those passengers who miss their bus and are running to catch up.

Dave Muir, the city's manager of transit services, said Friday the city will not be appealing a decision by Judge Heino Lilles which saw a passenger awarded more than $5,000 for damages after falling on the bus.

Although Muir is not happy with the decision, he said the city is viewing it as a learning experience and looking at making some changes.

'We may need to change procedures,' he said.

In addition to not stopping for late passengers, those changes may include more enforcement of the no food/drinks on the bus rule and putting up signs warning passengers of sudden stops.

The city was deemed fully responsible for the Feb. 14, 2005 fall.

'I find that the plaintiff fell and was injured due to the negligent action of the bus driver, an employee of the City of Whitehorse. I find the City of Whitehorse to responsible for 100 per cent of the damages incurred by the plaintiff,' Lilles wrote in his eight-page decision.

The small claims court decision was handed down Thursday. It awards William O'Neill $367.50 in lost wages, $678.80 in medical expenses, $4,000 in non-pecuniary damages, $100 for preparing and filing pleadings, another $150 for a counsel fee and finally court costs with prejudgment and post-judgment interest calculated under the Judicature Act.

O'Neill fell while on his way to work at Pizza Hut, where he was in a vocational skills program offered by Challenge Community Vocational Alternatives.

As he boarded the bus, he was carrying a small handbag in his right hand and a coffee in his left hand.

The bus started moving as he was heading to his seat, where he had placed the handbag. As he was about to sit down, the bus unexpectedly braked. The passenger was thrown at least four seats from where he was standing, the decision reads.

When he fell to the floor, his right knee hit a metal seat frame. He didn't initially think anything of the pain, but opted to get off at the Wal-Mart bus stop rather than at work.

There, he showed the injury to his father, who took him to Whitehorse General Hospital. O'Neill noted his knee 'swelled to the size of a football.'

A doctor at the hospital told him to go home, apply ice and keep his leg up. He was given a Tylenol #3 prescription and the doctor also recommended he take Ibuprofen as an anti-inflammatory.

A medical report from his doctor on Feb. 16, 2005 states there was swelling and tender ligaments, and his range of movement had decreased. Although x-rays were ordered, no bone nor cartilage damage was seen.

By Feb. 22, 2005, the decision states, swelling was down but there remained some tenderness. Tylenol #3 and Ibuprofen were prescribed again.

O'Neill had doctor's notes excusing him from work, which he missed for a total of seven days at a time when he was working 35 hours each week at $7.50 per hour.

A CT scan was ordered in June when he reported there continued to be on-and-off swelling depending on how active he was.

'The CT scan was clear, with no bone, joint or soft tissue abnormality,' Lilles stated. 'No swelling or redness was observed. There was a good range of movement in the knee.'

By July 12, 2005, O'Neill's doctor reported everything was back to normal, except for some tenderness with palpitation. At work, O'Neill used a bandage around his knee.

In an occurrence report filed on Feb. 14, 2005 by bus driver Kim Collins it was noted he stopped when he saw a passenger running for the bus. As the bus came to a stop, the driver heard a passenger fall.

'I asked him if he was all right and he said he was,' the occurrence report reads.

In court, Collins said he slowed the bus as carefully as possible to stop (at a distance of between eight and 10 feet) and pick up the person running outside.

He thought O'Neill had fallen before the bus came to full stop.

'It was probably at the initial braking that he fell over,' Collins told the court.

By the time the bus was stopped, O'Neill had gotten up and was already sitting down.

Citing case law, Lilles noted there is a significant burden on public carriers to transport passengers safely.

'On the other hand, everyone who travels on a bus should be aware that it does not provide the smoothest ride possible,' Lilles stated. 'It will often lurch as the gears change. In emergency situations, it may stop with suddenness which can affect the unwary or careless passenger.'

In this case, Lilles said, there wasn't an emergency nor urgency requiring the bus to stop suddenly. The driver could have continued to the next bus stop about 200 metres away and waited for the late passenger there.

'He could have brought the bus to a stop much more slowly,' reads the decision.

Collins should have known the passenger heading to the back of the bus wouldn't be seated yet, Lilles wrote.

'In order to avoid such an accident, the bus driver needed only to check his rearview mirror to ensure all passengers were seated before applying the brakes,' states the decision. 'This is a reasonable and prudent action to take in such circumstances. He did not do so.'

Lilles said he was unable to find negligence on O'Neill's part. The judge pointed out there aren't signs requiring or advising transit users to take the first available seat or hold on to the stanchions or seats when they walk down the aisle.

A portion of the passengers' code of conduct advising to 'care for yourself at all times' is very general and insufficient to warn a passenger of such sudden stops. A sign outside the bus advising of the frequent stops is directed at vehicles behind the bus, not at passengers, the decision notes.

In addition to the lost wages, medical expenses and court costs incurred by O'Neill, Lilles notes O'Neill wasn't able to participate in recreational activities like basketball and football for four months.

The judge then made the assessment for $4,0000 in non-pecuniary damages.

Muir said this marked the first time in his time with the transit department since 2000 that a claim has been taken to court.

There was no disciplinary action pursued against the bus driver.