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$9,500,000 Settlement for a 32-Year-Old Pedestrian Struck by NYCTA Bus in Brooklyn

While crossing Kings Highway in Brooklyn, our client was struck by an NYCTA bus. The bus was making a right turn while our client was walking within the confines of the crosswalk. Without warning, the bus struck our client and dragged his body down the road. This shockingly tragic accident caused our client permanent injury to the spine, clavicle, pelvis, and partial amputation of his right leg. Our attorneys were able to prove in court that the bus did not yield the right-of-way and recovered $9,500,000 for our client. 

Court and County 

Supreme Court, Kings County 

Plaintiff Description 

Antonio Diaz-Cortez was 32 years old on the date of the accident. He was employed as a meat packer at a supermarket and has not returned to work. 

Description of Case 

Our client was a pedestrian crossing Kings Highway in Brooklyn NY at its intersection with East 18th Street. He was moving within the confines of the crosswalk when he was struck by a NYCTA bus that was attempting to make a right turn from East 18th Street onto Kings Highway. Our client, without warning, was hit by the front bus, knocked to the ground, and dragged under the bus for a distance until the bus finally came to a rest. An ambulance arrived at the scene, where our client’s leg was visibly injured. Our client was taken to Kings County Hospital for immediate treatment, including amputation of hir right leg below the knee. Over the course of the following months, he would have multiple surgeries on his leg, spine, pelvis, and scapula. 

Our client alleged that the Defendants were negligent and in violation of VTL §1112 in failing to yield the right-of-way to a pedestrian crossing within the crosswalk with the walk signal. The Defendant’s accident reconstruction expert tried to argue that the police report indicated that at the time of the accident the pedestrian signal was flashing not to cross for Plaintiff. The Defendant further tried to use the location of our client’s sneakers—which were torn from his body as he was dragged down the street—to prove that he had not been crossing within the crosswalk. Through witness testimony, our attorneys were able to prove that our client was crossing lawfully within the crosswalk and had the right-of-way with regard to the crossing signal.  

Injuries/Damages 

At Kings County Hospital, our client was admitted to the Emergency Department. There, he was assessed to have a crush injury on his lower right leg with extensive fractures, an L4/5 left foraminal disc herniation, multiple pelvis fractures, fractures to his scapula and clavicle, and a dislocated right hip. 

Our client’s injuries required multiple surgeries to try to improve his condition. After the initial guillotine below knee amputation, his right leg required another surgery about a week later to revise the amputation. His spine required two decompressive lumbar laminectomy surgeries, and his pelvis underwent two surgeries for intervention to his right acetabulum. A right clavicle open reduction internal fixation was required for fractures on clavicle bone. 

Settlement Amount 

This case settled for $9,500,000 

Handling Attorneys 

This matter was handled by firm attorneys Stephen J. Murphy and Michael J. Hurwitz. 

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