$1,500,000 Settlement For A Bronx Driver Struck By A New York City Street Sweeper
Court and County
Supreme Court, Bronx County
Plaintiff was driving his Jeep on East 176 Street in the Bronx, when he was struck by a New York City street sweeper vehicle, which was actually sweeping the road at the time of the collision. Plaintiff claimed that he had pulled over to the right curb to adjust items in his Jeep, and he was struck as he began to pull back out into the street. The driver of the City sweeper claimed that Plaintiff had actually been driving in the middle lane, and then suddenly moved to the right, cutting him off and causing the collision. The City argued that the case should be dismissed because of the heightened reckless standard that applies to street sweepers while they are actually sweeping. The fight reached the Court of Appeals, the highest appellate court in New York State, which ruled in Plaintiff’s favor by finding that the case should not be dismissed and, rather, that a trial by jury was required in order to determine fault as between the two drivers.
Plaintiff was 43 years old and unemployed at the time of the accident. He had a history of chronic low back pain and numbness in his hands. As a result of this collision, he suffered neck, low back and left knee pain, and MRI studies revealed damage in those body parts. After a course of physical therapy failed to relieve his symptoms, he ultimately underwent three surgeries: a left knee arthroscopy, a one-level cervical spine fusion and a one-level lumbar spine fusion.
The case settled prior to trial for $1,500,000.
This case was handled by firm Partners Stephen J. Murphy and David L. Scher, as well as associate attorney Christina (Mark) Mercado.