Passenger Injured in Brooklyn City Bus Collision
Ms. Marie Petit was a passenger on a Brooklyn city bus when she was involved in a serious traffic accident on February 1, 2013. The city bus she was traveling in collided on Ralph Avenue in Brooklyn with another vehicle, driven by Mr. Lloyd Archer. Marie Petit, who was 55 years old at the time of the accident, was employed as a home health aide. She sustained several injuries as a consequence of the collision.
The Aftermath
As a result of this accident, Ms. Petit had to undergo cervical surgery, which involved the implantation of a plate and screws due to a herniated disc and damage to nerve roots. She continued to experience neck and back discomfort, with a 50% reduction in her neck's range of motion and a 40% reduction in her back's range of motion. She was also incapable of returning to work or engaging in activities that were previously performed, such as cooking, laundry, and religious activities. Her doctors also advised her on additional cervical surgeries for the next ten years. Ms. Petit pursued legal action, claiming that the accident and subsequent injuries were due to the negligence of both drivers involved in the collision.
The Lawsuit
During the trial, both Mr. Archer and New York City Transit Authority shifted the blame on each other. After hearing testimony from all sides, the Kings County jury determined that the bus driver was entirely at fault for the accident and awarded Ms. Petit $2,100,000 in pain and suffering damages ($600,000 in the past over a six-year period and $1,500,000 in the future over a 25-year period). In addition, the jury also awarded her damages for loss of earnings in the sum of $875,000 ($350,000 past six years, and $525,000 future nine years) and future medical expenses in the sum of $1,800,000 for twenty-five years. Defendants appealed to set aside the jury’s judgment for being excessive.
The Appeal
In the appeal, the defense experts, an orthopedic surgeon and a radiologist, testified that the Plaintiff's spine had significant degeneration that was present prior to the accident. They also stated that there was no evidence of any fresh, ruptured, or acute traumatic discs, and that the surgery was not associated with the accident. The Supreme Court reduced the award for pain and suffering damages to $1,800,000 ($600,000 in the past over a six-year period and $1,200,000 in the future over a 25-year period). To verify the damages awarded towards loss of earnings the trial court verified Ms. Petit’s tax returns and reduced the loss of earnings to $541,000. The originally awarded damages for future medical expenses were significantly reduced from $1,800,000 to $700,000 based on the testimony of experts regarding the expenses associated with pain medication, medical visits, epidural injections, and physical therapy treatment. The revised compensation was again appealed by the Defendant for being excessive, but the appeal was dismissed and the Appellate Court held that the Supreme Court properly calculated Ms. Petit’s future lost earnings as well as expenses for medical expenses and upheld the Supreme Court’s decision.
Sternberg Injury Law Firm
Established in 2016, Sternberg Injury Law Firm focuses on handling personal injury cases. We can take on cases in all areas of Brooklyn, including Clinton Hill and Brooklyn Heights. Our firm provides complimentary consultations to all those injured and their relatives who wish to assist them. Our skilled attorneys will carefully assess your case to understand how we can help. Should you choose to work with us, we are committed to obtaining the maximum compensation for you, allowing you to prioritize your healing. Reach out to us today via phone, email, or our website to begin the process.