$2,200,000 Settlement for a Pedestrian Struck by NYC Transit Authority Bus That Failed to Yield the Right-of-Way

DATE OF SETTLEMENT

Date 6/1/15

COURT AND COUNTY

Supreme Kings

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 60 years old on the date of the accident. Plaintiff was employed as a Home Health Aide.

FACTS AND ALLEGATIONS

This matter stems from a motor vehicle accident which occurred on December 27, 2012, at 9:15 am at the intersection of Ralph Avenue and Flatlands Avenue, Brooklyn, New York. Plaintiff, a pedestrian, was attempting to cross Flatlands Avenue within the crosswalk with the crossing signal in her favor when she was struck by a NYC Transit bus that was attempting to turn left from Ralph Avenue onto Flatlands Avenue. As a result of the impact Plaintiff was thrown backwards approximately 10 feet landing on her lower back. Plaintiff alleged that the Defendant bus operator rushed into the left turn by proceeding from a red light before it turned green. Additionally, Plaintiff alleged that Defendant bus operator failed to properly scan the area for pedestrians prior to attempting to make the left-hand turn, made said turn at an excessive and unsafe speed, and failed to yield the right-of-way striking Plaintiff.

INJURIES/DAMAGES

As a result of the accident Plaintiff injured her lower back. After conservative treatment failed to provide any relief she was referred for an MRI study of the lumbar spine which revealed herniations at the L3-L4 and L4-L5 levels. The Plaintiff was also experiencing continuing and worsening complaints of pain radiating from the lower back to the lower extremities and was diagnosed with lumbar radiculopathy. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the L3-L4 and L4-L5 levels.

Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from caring for, playing with, and interacting with her young grandchildren, which is crushing to her spirit.

The Defendants argued that Plaintiff's lumbar spine injuries were degenerative in nature and not causally related to the subject accident. Further, defendant's argued that no further treatment was necessary for the claimed injury and plaintiff can engage in all activities of daily living without restrictions and can return to her employment without restrictions.

Plaintiff made claims for loss of earnings, past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.

CASE RESULT

The parties negotiated a $2,200,000 pretrial settlement.

ATTORNEYS

The case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.