In Bednark v. City of New York (decided April 2, 2015), a bus-related personal injury case, the Appellate Division, First Department modified a lower court’s order granting summary judgment to the the defendant City of New York to deny that motion. The facts: Plaintiff was injured when, while disembarking from the rear doors of a…
Read More “Bus Stop” Includes Sidewalk; Summary Judgment to City DeniedIn Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…
Read More Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury CaseEven in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…
Read More Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due CareIn Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…
Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident CaseRecently, in Pichardo v. Fernandez, the Supreme Court, New York County denied a motion for summary judgment filed by the New York City Transit Authority (NYCTA) and the driver of a City bus involved in an accident. Plaintiff was a passenger on a NYCTA bus when it was struck from behind by a car driven and…
Read More Bus Passenger’s Personal Injury Case Continues, Where Protruding Bus Was Rear-Ended