$3,000,000 Settlement After T-Bone Auto Accident Lawsuit
Our client was riding on a New York City Transit Authority (NYCTA) bus when this accident occurred. As the bus proceeded through a greet light at an intersection in Brooklyn, it was broadsided by a police vehicle driving through the cross street of the intersection while responding to an emergency. As a result of the crash, our client suffered numerous injuries to her ankle, shoulder and neck. Represented by Block O’Toole & Murphy, the case settled for $3,000,000.
Court and County
Kings County Supreme Court
Our client was 30 years old and working as an aide for the NYC Department of Education at the time of the accident. She is a single mother with a teenage daughter.
Description of Case
Our client was seated towards the middle of the bus on the driver’s side. The bus was travelling westbound on Dekalb Avenue in Brooklyn when it approached the intersection of Dekalb and Tomkins Avenue. It had rained earlier in the day and the roadway was still wet.
As the bus driver drove through the intersection, she collided with a New York City Emergency Services truck which was traveling southbound on Tomkins Avenue. The emergency truck heavily struck the passenger side of the bus, causing our client to slam into the seat in front of her, and then be propelled backwards again. In an effort to prevent herself from falling off the seat, she braced herself by putting all her weight onto her right foot/ankle.
The NYC Emergency Services truck was responding to an emergency call at the time the collision occurred, but multiple passengers on the bus claimed that the emergency vehicle did not have its lights and sirens on at the time of the accident. Witnesses claimed that the bus had the green light and the police vehicle had the red light when the collision occurred. The operators and passengers in the police vehicle claimed they also had a green light, however.
Immediately after the collision, our client began experiencing pain in her left shoulder, right ankle, neck and lower back. She was taken to Brooklyn Hospital by emergency services where she had multiple X-rays taken. She began a course of physical therapy three times a week. After regular physical therapy failed to relieve her pain, she was referred to MRIs of her left shoulder, right ankle, lumbar spine (lower back) and cervical spine (upper back/neck). The MRIs revealed the following injuries:
- Right ankle: Partial tear of the anterior talo-fibular ligament resulting in an arthroscopic debridement and open repair of the peroneus brevis tendon
- Left shoulder: Partial infraspinatus tendon tear and tear of the anterior labrum resulting in arthroscopic repair surgery
- Cervical spine: Herniated discs at C4/5 and C5/6 which ultimately required spinal fusion surgery at C5/6
The Defendant’s expert radiologist opined that all of our client’s injuries were pre-existing and not a result of the accident. The Defendants further argued that our client’s injuries were healed, did not require further medical treatment, and did not preclude her from enjoying her normal daily life activities.
This matter was handled by Michael J. Hurwitz and Stephen J. Murphy.