$3,000,000 Settlement for Man Injured in Motor Vehicle Accident with MTA Bus

Court and County

Supreme, Kings

Plaintiff Description

Plaintiff was 48 years old and a self-employed barber at the time of the incident.

Description of Case

Our client was in the right lane traveling eastbound on Flatlands Avenue in Brooklyn. He had a green light at the upcoming intersection of Flatlands and Utica Avenue and was approaching with the intention of passing straight through it. He later estimated he was going about 20 mph at the time.

He was about 30 feet from the intersection when he first saw an MTA bus coming from the opposite direction on Flatlands Avenue. He did not see the bus's turn signal flashing, nor did he see the bus begin to turn, but when he drove through the intersection he was hit as the bus attempted to make a left turn. This was corroborated by the points of impact on the vehicles, which was the front of the bus with the drivers' side of the car.

According to a witness of the immediate aftermath of the accident, the nose of the bus was in our client's lane. This person then asked the bus driver, who remained on the scene, to move the bus back slightly as it appeared to be pinning our client in his car. This witness reported our client's car caught fire twice as they waited for EMS to arrive. The next thing our client knew, he was being rescued from his vehicle by firemen.

Injuries

The initial diagnoses of our client was quite extensive and included:

  • Non-displaced fracture of left ulna
  • Left 11th rib fracture
  • Comminuted fracture of the left acetabulum
  • L1-L3 transverse process fractures
  • Significantly comminuted fractures of the superior and inferior pubic ramus with posterior and superior displacement of the left hip
  • Dislocation of the left femoral head
  • Fracture of the tarsal and metatarsal bones
  • Fracture of the left talus
  • Closed fracture of the calcaneus

As a result of these injuries, our client required 3 separate open reduction-internal fixation (ORIF) surgeries for the right medial malleolus fracture, the left ulnar shaft fracture, and the left acetabulum fracture.

In the aftermath of these surgeries, our client reported occasional headaches and bouts of blurry vision. He began to have trouble concentrating and frequently experienced intense anxiety and mood swings that made him very emotional at times. He estimated he was sleeping about 5 disrupted hours a night at this time and was taking Percocet twice a day.

Roughly six months later, our client was still suffering major pain in his hip, and an x-ray revealed very significant inflammation there. Upon seeing this, our client's doctor determined that a total hip replacement surgery was required immediately, rather than 3 years down the line as he initially suspected. The total hip replacement surgery was performed, and the post-op diagnosis was Post Traumatic Avascular Necrosis of the femoral head with Secondary Degenerative Joint Disease.

After this surgery, our client attempted to return to cutting hair on a part-time basis, but found that the standing required was too painful, and so he could not do it.

Settlement

This case settled for $3,000,000.

Handling Attorneys

This matter was handled by Daniel P. O'Toole and Frederick C. Aranki.