NY Court Upholds $1M Verdict in Fatal Bus Accident Case
by
Joseph C. Maya on Apr. 14, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a case where $1 million was awarded due to a fatal bus crash.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries of those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
This week, the Appellate Division, First Department, upheld a jury verdict of $1 million against the New York City Transit Authority in a fatal bus accident case. The plaintiffs, the decedent’s mother and daughter, were awarded $300,000 for the decedent’s conscious pain and suffering; $150,000 for plaintiff mother’s past loss of custodial services, and $400,000 for her future loss of custodial services (over a ten-year period); and $100,000 for plaintiff daughter’s future loss of nurture, care and guidance (over a five-year period).
The sharply divided panel said that the plaintiffs had produced sufficient evidence for a jury to find negligence, even though neither the bus drivers nor the passengers saw the accident.
The plaintiffs showed that the deceased had been "crushed by the bus at such an angle that the bus driver, pulling out of the bus stop, should have, with the proper use of his senses, seen decedent," the majority determined in its decision.
The plaintiffs, decedent’s mother and daughter, argued the deceased had been standing at a bus stop adjacent to the Henry Hudson Parkway in Riverdale in 2006 when the bus operator pulled away, trapping Levy between a street lamp and the front passenger side of the bus. DNA evidence showed she was run over by the front passenger side tire.
The majority determined that the jury award was not excessive in light of the uncontroverted expert testimony put forth by the plaintiffs that the decedent was conscious and in pain for two to five seconds after being hit by the bus. Additionally, they determined that there was sufficient evidence of the decedent’s “nurture, care and guidance to her daughter” which justified the award.
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: Oates v. New York City Transit Authority, 2016 NY Slip Op 02729 (App. Div. Apr. 12, 2016).
