Articles Posted in Public Transportation Accidents

At trial in Kings County Supreme Court, a jury found Defendant, New York City Transit Authority, 70% at fault when Plaintiff, Clyde Davison, was struck by a train. Mr. Davison suffered a fractured clavicle and a fractured scapula as a result of the accident. The same jury awarded Mr. Davison $150,000 for past pain and suffering and $66,000 for future pain and suffering.

Plaintiff appealed arguing that the awards for pain and suffering were unreasonably low given the severity of the injuries. The Appellate Division, Second Department, agreed. The court increased damages on past pain and suffering from the principal sum of $150,000 to $275,000 and future pain and suffering from the principal sum of $66,000 to $175,000.

As a result, Mr. Davison will either have a new trial on damages or the Defendant will agree to pay at total of $315,000 ($192,500 ($275,000 x .70) for past pain and suffering and $122,500 ($175,000 x .70) for future pain and suffering).

A traffic accident involving a Brooklyn school bus and another vehicle left seven injured on Monday. Among those hurt in the crash were three children. No serious injuries were reported among the three children. bus stop.jpg

Although, according to witnesses, the other driver ran a stop sign, police have not, as yet, filed criminal charges in the accident. All involved in the accident are expected to make full recoveries.

Website Resource: 3 Children Among 7 Injured In Brooklyn School Bus Crash, CBS New York, January 4, 2011

The New York Appellate Division, First Department, recently overturned a $3.5 million verdict in a train accident case. The jury in the case returned a verdict in favor of an intoxicated 22-year-old whose foot was severed after falling on a subway track. The train operator testified that he saw what looked like garbage on the tracks from a distance away, but as the train proceeded, he realized it could have been a person. Once he realized it could be a person, he applied the emergency brake.

Plaintiff and defendant called experts who testified regarding subway train procedures, stopping distances, and reaction time. At the close of evidence, both sides move for directed verdict. Both applications were denied. The jury apportioned fault 65% to defendant and 35% to plaintiff. Defense counsel moved to set aside the verdict, which was denied.

On appeal, the First Department overturned the verdict as being based on insufficient evidence as a matter of law. Plaintiff’s expert reportedly testified based on an “average reaction time” of one second. The Court reasoned, “…in determining that the defendant’s train operator failed to exercise reasonable care because he could have stopped, the jury improperly equated negligence with possession of the motor skill that is essentially a reflex action.”

In the case, Matsur v. New York City Transit Company, a New York County jury found the transit authority liable for the plaintiff’s injuries and awarded him $1.2 million for past pain and suffering, $1 million for future pain and suffering and $600,000.00 for loss of services. A light fixture installed by NYC Transit Company apparently fell on the plaintiff and the jury found the defendant liable under the theory of res ipsa loquitor. The extent of plaintiff’s injuries were not included in the Court’s opinion.

The Supreme Court of New York State, Appellate Division, Second Department, in an exercise of its discretion, reduced the awards as follows: $750,000.00 for past pain and suffering, $550,000.00 for future pain and suffering and $200,000.00 for loss of services.

A police officer from Newburgh, New York was seriously injured in a car accident on November 13, 2009 when his police cruiser collided with two school buses. He is currently recovering at Westchester Medical Center.

Officer Thomas Canavan was first transported to St. Francis Hospital after the accident. Officer Canavan reportedly suffered several fractures of his leg, but thankfully his injuries do not appear to be life-threatening.

There were 33 students from the Newburgh public schools on the buses at the time of the accident. Four of the students suffered injuries. The New York State Police are investigating the cause of the accident, including a possible medical emergency directly prior to the crash.

A 22 year-old Mamaroneck, NY resident, Seth Kahn, died from injuries suffered when he was struck by a New York City bus last week. The bus was reportedly turning left onto Ninth Avenue from 53rd Street. Kahn was crossing Ninth Avenue at the time of the accident.

Authorities believe that the bus had a green light and Kahn was crossing with a walk signal. However, the bus driver, Jeremy Philhower, was issued a summons by the NYPD for failing to yield to a pedestrian. Reports also indicate that Mr. Philhower had just recently returned to work from a suspension for text messaging while driving the bus.

The New York Bus Accident Attorneys of the Law Offices of Thomas L. Gallivan, PLLC provide effective representation to individuals injured in bus accidents or car accidents. Please contact us for a free consultation at one of our three conveniently located offices.

On November 6, 2009, a 66 year-old male Greenburgh resident was struck by a Westchester County Bee-Line bus while riding his bicycle on Route 119 (Tarrytown Road). He was reportedly crossing Route 119 when the accident occurred. The cyclist died shortly after being transported to White Plains Hospital by emergency personnel.

The driver of the Westchester County Bee-Line bus cooperated fully with the investigation of the Greenburgh Police Department. It is unknown whether the bus driver was issued any citations for vehicle and traffic violations, or whether any other vehicles were involved in the accident.

The Westchester County Accident Attorneys of the Law Offices of Thomas L. Gallivan, PLLC offer free consultations to all individuals injured in trucking accidents or car accidents. Please contact us to discuss your case.

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