Pedestrian Hit by NYC Bus – Victim Sues NYCTA for Serious Injuries & Wins Appeal
If you or a loved one have been involved in a personal injury accident involving a city bus, you know how challenging the aftermath can be. One elderly woman in particular faced severe back and shoulder injuries after being struck by an NYC bus. She filed a lawsuit against the New York City Transit Authority (NYCTA) to seek the justice and compensation she deserved, but the court initially ruled against her. With the help of a personal injury attorney, she appealed the decision, allowing her case to continue and giving her a chance to fight for the compensation she deserves.
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On December 12, 2018, Ms. Zennia Santos Pacannuayan, aged 70, was crossing the intersection of Hillside Avenue and Parsons Boulevard in the Jamaica neighborhood of Queens, New York. While crossing the intersection, a New York City Transport Authority (NYCTA) owned vehicle, operated by Kevin Jeffrey, hit her. Due to the impact, Ms. Pacannuayan incurred injuries to her upper back, lower back, and her left shoulder.
At the time of the accident, Ms. Pacannuayan was unemployed, but the accident led to physical pain, reduced mobility and impact on her ability to perform everyday activities. Ms. Pacannuayan underwent six months of physical therapy. She filed a lawsuit against the NYCTA, Mr. Jeffrey, and the Manhattan and Bronx Surface Transit Operating Authority claiming serious injuries under Insurance Law Section 5102 (d).
"Serious injury" under the said law includes injuries causing death, dismemberment, disfigurement, fractures, or permanent or significant loss or limitation of body functions, or temporary impairments that prevent normal daily activities for at least 90 out of 180 days after the injury. The defendants filed a motion for summary judgment on grounds that Ms. Pacannuayan did not sustain a serious injury.
The Personal Injury Lawsuit
Pacannuayan v New York City Transit Authority
The Defendants relied on medical reports from their physicians and Ms. Pacannuayan’s deposition to support their motion. Dr. Howard Katz, an orthopedist, deposed that Ms. Pacannuayan’s sprains/strains in upper back, lower back and left shoulder were not permanent and were healed. Dr. Marc J. Katzman, a radiologist, found degenerative changes in her upper back and shoulder but contended that they were unrelated to the accident and found no evidence of any recent trauma. Defendants also emphasized Ms. Pacannuayan’s deposition, which revealed her treatment consisted mostly of physical therapy, which only lasted three months and ended in June 2019 without a clear reason.
Ms. Pacannuayan submitted an affidavit and medical reports from Dr.’s Regina Moshe, Nicky Bhatia, and Ajoy K. Singh. The affidavit stated that her treatment ended as the no-fault benefits were exhausted. She contended that she could not afford further physical therapy. Her medical reports confirmed injuries to her left shoulder, neck, and back. Dr. Moshe’s MRI findings indicated upper back and some nerve root injuries. Dr. Bhatia also diagnosed cervical herniations, a disc bulge, and damaged nerve roots. He also diagnosed a ten degrees loss of range of motion in the cervical spine/upper back region. Dr. Singh also documented reduced range of motion in the left shoulder which was causally linked to the accident.
The Supreme Court reviewed the testimonial and medical evidence presented by the parties based on which the Defendants were granted summary judgment on March 31, 2023. The Court dismissed her lower back injury claims, as Dr. Katz diagnosed the injuries as treated, and Ms. Pacannuayan’s physicians did not address these injuries. Similarly, the Court also dismissed Ms. Pacannuayan’s upper back claims based on Dr. Katz’s diagnosis and Dr. Katzman’s finding of unrelated degenerative changes. More importantly, the Court relied on Ms. Pacannuayan’s medical expert Dr. Bhatia’s report which showed a minor loss of range of motion, damage to nerve roots, cervical pain and herniations, which the Court concluded does not qualify as a “serious injury“. The court also dismissed her 90/180-day claim as Ms. Pacannuayan failed to provide objective medical evidence of a non-permanent injury or proof that her daily activities were significantly curtailed, as required by law. Ms. Pacannuayan appealed the court’s ruling.
The Appeal
In Pacannuayan v New York City Tr. Auth., the Appellate Court reviewed similar cases and the evidence in the record. Based on its review, the Appellate Court stated that the Supreme Court was incorrect in granting the Defendants’ motion for summary judgment. The Appellate Court held that Ms. Pacannuayan raised a triable issue of fact regarding a serious injury to her cervical spine under the permanent, consequential, and significant limitation categories of Insurance Law § 5102(d). Further, the Court stated that this was supported by her expert neurologist, Dr. Bhatia’s report which addressed loss of range of motion, herniations and cervical pains. The Appellate Court held that determination whether or not Ms. Pacannuayan’s injuries in her lower back amount to a serious injury is a triable issue of fact and necessitates a trial. Based on this, Ms. Pacannuayan’s appeal was granted on October 30, 2024, and the issue of serious injury will now be determined through trial.
Why Hire a Personal Injury Attorney?
If you've been involved in an accident with an NYC bus and suffered injuries, hiring a skilled personal injury lawyer is crucial to protect your rights and ensure you receive fair compensation. In cases like Pacannuayan v. New York City Transit Authority, where serious injuries such as cervical spine damage are contested, an experienced personal injury attorney can help you build a strong case. They will work with medical experts, gather essential evidence, and fight for your case. With the right legal representation, especially in complex cases involving NYC bus accidents, you can increase your chances of success and ensure that you are properly compensated for your injuries.
Sternberg Injury Law Firm
Since 2016, Sternberg Injury Law Firm has been helping individuals across New York State, including locations such as Little Italy, Lincoln Square, and Midtown, navigate the complexities of road accidents and third-party negligence cases. If you were injured in such an event, contact us for a free consultation. We can help you explore and understand your rights and legal options. Our dedicated New York City personal injury lawyers are focused on securing the justice and compensation you deserve, allowing you to prioritize your recovery. Reach out to us today via our website, email, or phone, and let us assist you on your journey to justice and healing.