Our client, an 84- year-old passenger on a bus, got up from his seat to prepare to disembark, when the bus suddenly lurched forward causing him to fall on his back. He was assisted to his feet by two other passengers and then exited the bus despite severe pain. He did not talk to the bus driver, request medical attention nor contact the police. He was unable to recall the bus route or number and was unable to describe the bus operator. He took a taxi to the hospital where he reported the bus incident and was admitted for seven days. He sustained multiple rib fractures a pneumothorax, or collapsed lung, and severe chest bruising resulting in pleural effusion and difficulty breathing. He was unable to sleep, walk, sit or stand for long periods of time and required 24-hour nursing care at home for approximately four weeks. He contended that his injuries were permanent and progressive in nature. The jury found the New York City Transit Authority and Manhattan & Bronx Surface Transit Operating Authority liable and awarded our client $600,000, $300,000 for past pain and suffering and $300,000 for future pain and suffering. The trial verdict was fully sustained by the Appellate Division, First Department.
View the Verdict Search: 600002.pdf