$1,350,000 Settlement in Brooklyn Case for Pedestrian Struck by School Bus at Crosswalk

DATE OF SETTLEMENT

August 5, 2004

COURT AND COUNTY

Supreme Court, Kings County

AGE AND OCCUPATION OF PLAINTIFF

At the time of the accident, Plaintiff was a 53-year-old female who managed a dry-cleaning shop.

DESCRIPTION OF CASE

On July 16, 2002, Plaintiff was struck by a school bus while crossing Fourth Avenue crosswalk, with a pedestrian-traffic signal in her favor at the moment of impact. The bus was making a left turn onto Fourth Avenue from 93rd Street.

Plaintiff sued the driver of the bus and the bus's owner. First, Plaintiff alleged that the bus's driver was negligent in his operation of the bus claiming that but for the failure of the driver to exercise reasonable caution and observe what was observable, Plaintiff would not have been struck and injured. Plaintiff sued the bus's owner under the theory of respondeat superior, which attaches liability on an employer for the negligent actions of its employees during the course of his or her work.

INJURIES/DAMAGES

Plaintiff sustained a mid-shaft fracture of her left femur, which required nailing to repair. The fracture failed to unite and Plaintiff was diagnosed with a non-union. She underwent a second surgery that included the insertion of a bone graft to the fracture site. That surgery was successful, and the treating orthopedic surgeon indicated that, as of March 2004, Plaintiff would not require follow-up care regarding her femur.

Plaintiff also sustained a herniated disc at C5-6 and three fractured ribs. Her medical expenses were approximately $55,000, of which no-fault insurance paid $50,000.

Plaintiff claimed that she was unable to resume her prior employment because it would require lifting and prolonged standing. She sought recovery of $513,294 in past and future lost wages.

Additionally, Plaintiff's husband presented a loss-of-consortium claim.

VERDICT/SETTLEMENT AMOUNT

After jury selection, but prior to the scheduled start of opening statements, the parties agreed to a $1,350,000 settlement. Plaintiff received the full $1,000,000 limit of the Defendant's primary insurance policy and $350,000 from their excess policy.

ATTORNEYS

This matter was handled by Daniel P. O'Toole.