Bicyclist Gets Payout After Being Hit by Door and Run Over by Bus
Jesús Moctezuma sustained an injury on October 13, 2013, while riding his bicycle on St. Nicholas Avenue in Manhattan. In an unfortunate turn of events, the driver of a double-parked vehicle, Mr. Joel Genao opened his side door without looking into the rear view or side mirror of his car. At the same time, Mr. Moctezuma was passing by and got hit by the vehicle door. He was knocked to the ground, and seconds later, the rear wheels of a city bus ran along a portion of his leg causing him serious injuries, resulting in a prolonged period of disability. He was 37 years old at the time of this accident. Aggrieved, Mr. Moctezuma sued Mr. Joel Genao, the New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, Metropolitan Transport Authority, and Mr. Nyema Rivera the driver of the bus (collectively referred to as “NYCTA”).
The Lawsuit
The trial commenced in the New York County Supreme Court. During the trial both parties presented their evidence. Evidence presented by Mr. Moctezuma established that Mr. Joel Genao negligently opened his car door and Mr. Rivera hit him while driving the city bus. Mr. Moctezuma was hospitalized for eight days and required extended care even after he left the hospital. Furthermore, he could not work for two years after this incident. According to the medical evidence presented by Mr. Moctezuma, the incident resulted in extensive injuries to his left leg, resulting in a large disfiguring scar, nerve damage, decreased sensation in his leg, loss of knee function, and muscle atrophy.
Defendant Mr. Genao did not present any counter arguments or defense while NYCTA’s defense was based on the argument that Mr. Moctezuma failed to prove that the bus actually hit him. However, after reviewing all the evidence presented during the trial,it was determined that the bus wheel did come in contact with Mr. Moctezuma’s leg. Plaintiff, Mr. Moctezuma was awarded $1,550,000 in pain and suffering damages after the jury returned a verdict finding both defendants at fault ($500,000 past for the five years and $1,050,000 for future 34 years). The car driver, Mr. Genao was assigned 65% of the liability, while the bus driver, Mr. Nyema Rivera was assigned 35%. In Moctezuma v. New York City Transit Authority (1st Dept. 2023), the Defendants appealed arguing that the pain and suffering award granted to Mr. Moctezuma was excessive.
The Appeal
During appeal, Mr. Moctezuma alleged that he continues to suffer from an abnormal walking pattern due to permanent scars, muscle atrophy, nerve damage, and pain in his lower limb. His expert physiatrist testified that Mr. Moctezuma developed a buildup of tissue that obstructs the normal functioning of the knee, as a result of his limp and suggested that he requires left knee surgery, and reconstruction of his first toe. NYCTA stated that Mr. Moctezuma resumed employment as a food preparer at a restaurant two years after the accident. NYCTA’s specialists, an orthopedic surgeon and a neurologist, provided testimony that Mr. Moctezuma has made a satisfactory recovery, has no permanent injuries, and does not require surgery. The Appellate Court reviewed the arguments and evidence presented by both parties and ultimately upheld the Supreme Court’s decision, leaving the award for Mr. Moctezuma intact.
The Sternberg Injury Law Firm
If you or a loved one was involved in a vehicular accident, the Sternberg Injury Law Firm is ready to assist. We are committed to ensuring that you receive the maximum possible compensation, and our attorneys are fully versed in Personal Injury Law. Our attorneys will conduct a thorough evaluation of the case with you upon your retention of our firm, provide you with information regarding your alternatives, and inform you of the ways in which our firm can provide assistance. We accept cases throughout New York, including Bellmore, North Hills, and Patchogue. We can be reached by email, text, or by completing our web form.