$2,250,000 Settlement for 55-Year-Old Pedestrian Hit by School Bus While Crossing the Street
Our client, a 55-year-old bank teller, was crossing the street with the traffic signal in her favor when she was hit by a school bus attempting to make a turn at the intersection. As a result of the collision, she suffered serious injuries, including a herniated disc at L4/5. After the crash, the school bus driver told our client that she had right-of-way because she was driving a school bus. The bus driver also claimed to have already been turning in the police report that was generated about the accident. Despite that, our attorneys were successfully able to prove that the Defendant was responsible for the collision, and our client received a $2.25 million settlement.
Court and County
Bronx County Supreme Court
Our client was 55 years old and working as a bank teller when this accident occurred.
Description of Case
This accident occurred near the intersection of East 102nd Street and 2nd Avenue. Our client was crossing East 102nd Street with the signal in her favor. She was crossing the street where the crosswalk should have been, although these markings were not visible at the time of the accident due to ongoing construction.
Video captured from a nearby corner store shows a pedestrian crossing the street in front of our client with no issues. As our client attempted to cross the street, however, she was struck on her right side by the front left mirror of a bus, causing her to fall to the pavement.
It was alleged that the driver of the bus exited the vehicle after the collision and told our client that she had the right of way because she was driving a bus. In the police report generated about the accident, the Defendant bus driver claimed that she was already in the process of turning before our client began crossing the street. Ultimately, Summary Judgment regarding liability was granted to our client.
Immediately after our client was struck by the school bus, she began experiencing pain in her lower back, right knee and left shoulder. In the days after the accident, our client began experiencing pain in her right shoulder as well. She later presented to a physical medicine and rehabilitation facility where she began a course of physical therapy three times a week. When this approach failed to relieve our client’s pain, she was referred for MRI’s of her lumbar spine, right knee, and both shoulders.
An MRI revealed a herniated disc in our client’s lumbar spine at L4/5. She also underwent an EMG of her lower extremities, revealing evidence of S1 radiculopathy, sometimes referred to as a pinched nerve. After continued physical therapy and an injection failed to relieve her back pain, she underwent a lumbar laminectomy surgery at the L4/5 segment.
An MRI of the right knee revealed a meniscus tear, for which she ultimately underwent arthroscopic repair surgery. MRI’s of her shoulders also revealed a right partial rotator cuff tear and internal derangement at her left shoulder. She ultimately underwent two separate arthroscopic repair surgeries to treat these injuries.
Defendants claimed that the injuries our client was diagnosed with were pre-existing, degenerative conditions and that there were no acute traumatic conditions found in the radiology studies resulting from the accident. Defendants further argued that our client’s injuries had healed and did not require further treatment, and that there were no lingering effects of her injuries that would prevent her from enjoying all the activities that she did before the accident occurred.
This matter was handled by Michael J. Hurwitz and Stephen J. Murphy.