City Bus Wheelchair Ramp Launches Health Aide
Ms. Lusia Reinoso was injured by a New York City bus on February 12, 2013. Ms. Reinoso, a 61-year-old home health aide, was assisting her patient, who was in a motorized wheelchair, in exiting from a city bus. While they were doing so, the wheelchair ramp of the city bus was abruptly activated by the operator without warning. This caused the ramp to lift back into the bus. As a result, Ms. Reinoso was propelled onto the sidewalk and was left with severe injuries. Ms. Reinoso ruptured her knee cartilage, necessitating surgery for repair, followed by a total knee replacement surgery. Her shoulder was injured as well and required another surgery to be treated. She injured her spine and had herniated discs necessitating surgeries for treatment. She also had to undergo hip replacement surgery. Ms. Reinoso filed a lawsuit against New York City Transit Authority, Metropolitan Transport Authority, MTA Bus Company Inc., Manhattan and Bronx Surface Transit Operating Authority. The bus driver Mr. Luis Pena and operator, Mr. Daniel Lugo were also sued in the same proceedings.
The Lawsuit
During the jury trial, Ms. Reinoso contended that the Defendants were negligent in activating the wheelchair ramp that caused her injuries. Both parties presented their evidence. Bus Operator, Daniel Lugo testified for Defendants. Three orthopedic doctors testified for Ms. Reinoso. Based on evidence and testimonies, the Defendants were found to be entirely at fault by the jury. Ms. Reinoso was awarded the following in trial for damages - $5,319,000 for pain and suffering ($5,000,000 in the past six years, $319,000 in the future seventeen years), $5,000,000 for medical expenses, which included custodial care and rehabilitation services (all future – seventeen years), and $181,000 for lost revenue ($121,000 in the past and $60,000 in the future over a seventeen-year period).
After the trial, defendants moved to set aside the jury verdict. They argued that the evidence did not show that the bus ramp was activated by the operator, claiming no evidence of misuse and that Reinoso’s testimony was speculative. Defendants also contended that pain and suffering damages awarded to Ms. Reinoso were excessive and should be vacated. Reinoso countered with her medical records and doctors’ testimony supporting her version of events. Based on the review of medical evidence, doctors’ testimony, and similar cases presented by both parties, the trial judge determined that the pain and suffering damages were (a) excessive in terms of the past award and (b) insufficient in terms of the future award. Consequently, the trial judge ordered that the aggregate pain and suffering award be reduced to $4,100,000 ($2,700,000 past, $1,400,000 future). Defendants appealed the trial judge’s judgment. Ms. Reinoso cross-appealed and requested her future medical expenses be covered for twenty years.
The Appeal
In Reinoso v. New York City Transit Authority, Ms. Reinoso alleged that she was unable to return to work due to the significant residual pain and limitations that necessitate the use of a cane. Additionally, she asserted that she required a full-time live-in aide to assist her with all aspects of daily life. Based on this she requested that her future medical expenses be increased. According to Ms. Reinoso’s expert economist, her prospective medical expenses should amount to $4,200,000, based on a twenty-year life expectancy. The Defendants successfully contended that the award should be reduced to $3,598,706 by applying the same seventeen-year period that the jury selected for both future pain and suffering and medical expenses in its decision. The Defendants also brought in an expert radiologist who testified that Ms. Reinoso’s knee injury was caused by a surgery that occurred thirteen years ago. They further alleged that her disc herniations were degenerative, and that the perforations in her shoulder and hip were not related to the accident. However, they failed to provide any compelling evidence to prove the same. The Appellate Court agreed that future medical expenses award should be calculated based on seventeen years and reduced to $3,598,706. Otherwise, the judgment was fully affirmed (including $4,100,000 for pain and suffering damages).
Sternberg Injury Law Firm
The Sternberg Injury Law Firm, established in 2016, is dedicated to the resolution of personal injury cases. We are capable of accepting lawsuits against bus companies in all areas of New York City, including Astoria and Williamsburg. We provide complimentary consultations to all individuals who have sustained injuries and their families who desire to offer assistance. Our seasoned attorneys will conduct a thorough assessment of your case to ascertain the extent to which we can be of service. If you choose to retain us, we are committed to ensuring that you receive the highest possible compensation, thereby allowing you to focus on your recovery. Please reach out to us today via our website, email, or phone call to begin the process.