Pedestrian Struck by Bus

Partner Frank J. Lombardo obtained a verdict in the amount of $1,116, 451. 90 for a 37 years old man who was struck down by a bus while walking across the street. The case was handled through discovery by partner Kenneth Halperin. Plaintiff, a Local 1 Stage Hand was a pedestrian attempting to cross 42nd Street at its intersection of 9th Avenue when a New York City Transit Authority bus struck him causing fractures to his face and left shoulder. It was alleged that the bus was travelling at an excessive rate of speed and that the driver failed to see the plaintiff while he was in the cross walk. Defendants alleged that plaintiff was crossing the street against the traffic light and at the time of impact the plaintiff was in the buses lane.

With respect to the damages, the plaintiff sustained orbital wall and zygomatic arch fractures requiring open reduction surgical intervention and a closed reduction left shoulder nondisplaced comminuted left humeral greater trochanter fracture requiring arthroscopic debridement of a torn labrum and subacromial decompression. The defendants alleged that the plaintiff made a great recovery and only lost five months from work.

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