AUTO ACCIDENTS
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Plaintiff struck by bus, claimed driver ignored stop sign
5/26/2011
Andy Smith v. MTA Long Island Bus and Betty T. Cooper, No. 19846/06
Settlement: $425,000
Court: Nassau Supreme
Judge: Vito M. DeStefano
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
William E. Morrissey, Zaklukiewicz, Puzo & Morrissey, LLP, Islip Terrace, NY
Facts & Allegations:
At about 6:30 p.m. on Dec. 15, 2005, plaintiff Andy Smith, 52, a bank’s senior vice president, was walking westbound on Nelson Avenue, in Hicksville. While he was crossing the intersection of West Marie Street, Smith was struck by an MTA bus operated by Betty Cooper, who was traveling northbound on West Marie Street. Smith claimed that he had to cling onto the front bumper of the bus to prevent from being run over. He sustained injuries of his abdomen, his back, his neck, a shoulder and a wrist.
Smith sued Cooper and MTA Long Island Bus. He alleged that Cooper was negligent in the operation of her vehicle. He further alleged that MTA Long Island Bus was vicariously liable for Cooper’s actions.
Smith contended that before entering the crosswalk, he looked left and saw Cooper’s bus three-quarters of a block away. He claimed that he then proceeded through the crosswalk and was struck by Cooper half way through the northbound lane of West Marie Street.
Smith further claimed that Cooper failed to yield to pedestrian traffic, since she had stop sign at the intersection, while his path was uncontrolled. He contended that Cooper didn’t even make a slight stop at the sign. Eyewitnesses corroborated his account of the accident.
Cooper contended that she made a full, complete stop at the intersection, at which point both Smith and her looked at each other to determine who should go first. Cooper claimed that there was confusion over who was going to enter first and that, as a result, she struck him in the crosswalk. She claimed that the impact was almost instant, though Cooper claimed it was further down in the crosswalk.
Injuries/Damages:
abdomen; decreased range of motion; fracture, wrist; headaches; herniated disc at C3-4; herniated disc at C4-5; herniated disc at L4-5; herniated disc at L5-S1; physical therapy; reconstructive surgery; scar and/or disfigurement, body; torn labrum
Smith was placed in an ambulance, and he was transported to a hospital. He claimed that he sustained torn muscles in his abdomen, and he underwent reconstructive surgery about 10 months later. He also claimed that he sustained an ulnar styloid fracture in his left, nondominant wrist; a tear of his left shoulder’s labrum; and herniations of his C3-4, C4-5, L4-5 and L5-S1 intervertebral discs. He received a lidocaine injection to his left wrist, and he has been undergoing physical therapy since the accident.
Smith claimed that he still experiences pain, discomfort and reduced range of motion in his left wrist. He contended that he is left with a 20-inch permanent scar across his abdomen and that he is now restricted from any heavy lifting. Smith also claimed that she suffers residual pain, discomfort and reduced range of motion in his neck, back, and left shoulder, as well as recurrent headaches.
Smith contended that he missed one month of work following his first stomach surgery and another month of work following a revisionary surgery, as well as periodic days off for other treatment. He claimed that his day-to-day life has been greatly affected and that he can no longer go on power walks. Smith sought damages for past and future medical costs, lost earnings, and pain and suffering.
Defense counsel contested Smith’s left wrist injury, claiming that it wasn’t causally related to the accident, given that Smith made his first complaint about it 10 days after the date of loss. Defense counsel also contested Smith’s stomach injuries, since they weren’t revealed until a month after the accident.
Result:
During the trial, the parties negotiated a settlement. MTA Long Island Bus agreed to pay $425,000.