On November 5, 2009, the Plaintiff, a 78 year-old woman, was operating a motorized scooter in the bicycle lane on Eighth Avenue between Hudson Street and Bleecker Street, New York, New York, when she came into contact with a New York City Department of Parks & Recreation sanitation truck. The Plaintiff alleged that the Defendant truck operator was illegally operating the truck in the bicycle lane and that he was cited for same and pled guilty of this infraction. The Plaintiff further contended that she was in the bicycle lane before the truck driver and that he failed to see her while driving in the bicycle lane and ran her over.
As a result of the subject accident, the Plaintiff sustained orbital and nasal fractures requiring open reduction and internal fixation surgery; fractures of the left clavicle and scapula; fractures of all eleven (11) ribs on her left side; soft tissue injury of the left chest and shoulder area requiring skin grafts; transverse process fractures of the lumbar spine. The Plaintiff spent 68 days in St. Vincent's Hospital after the accident and 78 days in a rehabilitation facility. She required a feeding tube for over three (3) months and underwent two (2) hernia repair surgical procedures. The Plaintiff now requires daily assistance by a home health aide with her activities of daily living and will continue to require such assistance for the remainder of her life. Her mobility is also restricted due to her accident-related injuries. The Plaintiff also made a claim for costs of future medical expenses.
Result: The parties settled the case during jury selection on March 11, 2011, for $3,000,000.
The case was handled by Daniel P. O'Toole and Frederick C. Aranki.