Pedestrian Struck by Commuter Bus Awarded $2.2M
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post regarding a large award of damages for a plaintiff struck by a bus.
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The plaintiff, an adult male, reportedly suffered a left hip fracture, a left bimalleolar ankle fracture, multiple metatarsal foot fractures, and multiple toe fractures to the left foot, as well as a concussion with loss of consciousness, when he was struck by the side of a public commuter bus owned by defendant New York City Transit Authority and operated by defendant driver during the course and scope of his employment with NYCTA.
The plaintiff contended that the defendant driver operated the bus with the permission, consent and knowledge of the defendant owner; traveled at a reckless and careless rate of speed under the circumstances, failed to keep a proper lookout, failed to yield the right-of-way to the plaintiff pedestrian and failed to prevent his vehicle from striking the plaintiff. Regarding the defendant owner, the plaintiff maintained that it failed to properly retain, train and supervise its drivers, including the defendant driver.
The defendants denied liability and claimed that the plaintiff failed to keep a proper lookout and was talking on his cell phone and cocaine intoxicated at the time of the collision. A jury returned a verdict in favor of the plaintiff, who was awarded $2,200,000 in damages.[1]
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source- Vassell v. New York City Transit Authority; Gordon, JVR No. 1601270028, 2015 WL 9916237 (Nov. 10, 2015).