Woman Injured while Riding on New York City Bus
Wingate, Russotti, Shapiro & Halperin, LLP attorney Kenneth Halperin obtained a $190,000.00 verdict for a 58 year-old woman who was injured while she was a passenger on a New York City Transit Authority bus. While the bus was traveling on Eastchester Road in the Bronx it was involved in an accident with another motor vehicle. As a result of the impact the plaintiff was thrown out of her seat and fell on to the floor of the bus.
The driver of the bus and the car blamed each other for the accident. They also claimed that the impact, which they said was very light, could not have caused any injuries to the plaintiff. However, Ken proved that as a result of the fall the woman sustained back injuries and a partial tear to the rotator cuff in her left shoulder, which required arthroscopic surgery. During the trial the defendants contested the extent of the injuries that were claimed and also attempted to prove that her injuries were completely healed following her operation and she had no residual injury.
In order to convince the jury that the defendants were unfairly attempting to minimize the accident by claiming that there was little or no impact between the vehicles, Ken called a passenger on the bus as a witness. The witness testified that contrary to the driver's statements, the impact between the bus and car was heavy and that the entire bus was shaken as a result. This helped Ken persuade the jury that our client's injuries were caused by the accident. Ken was also able to prove that despite the defendants' claims that our client was fully recovered following her surgery, her life would continue be altered well into the future. Because of this the jury awarded a significant amount of money for the woman's future pain and suffering.