Vehicle Crash Trial Reopened After Successful Appeal
On October 3, 2014, Mr. James Blair was proceeding straight through the intersection of Hillside Avenue and Merrick Boulevard in Queens. At the same time, Deona Coleman who was operating a bus owned by New York City Transit Authority was traveling in the opposite direction intending to turn left on the Merrick Boulevard. As soon as Deona Coleman turned, the bus collided with the front driver’s side with Mr. Blair’s car. Mr. Blair sustained several injuries including fractures in his feet necessitating internal fixation surgery with six screws and a metal plate. There were more fractures in his back and ribs. Mr. Blair was admitted to a hospital for 12 days, and subsequently to a rehabilitation facility for 10 months. Aggrieved, he filed a lawsuit before the Supreme Court, Queens County.
The Lawsuit
In the subsequent lawsuit against Deona Coleman and the city transit authority, the parties engaged in a dispute regarding which party had the green light. Defendants contended that Mr. Blair violated a red light by driving through it, resulting in a collision, while the defendant-operator, Deona Coleman was turning left in accordance with a green left turn arrow. Defendants submitted some still photographs and video footage from the purported incident. However, upon review the Court found that the evidence presented did not provide conclusive evidence that the light was red in Mr. Blair’s direction of travel.
The jury found this to be against Deona Coleman and determined that Deona Coleman and New York City Transit Authority were entirely responsible for the accident. Subsequently, the jury awarded Mr. Blair, pain and suffering damages in the amount of $1,140,000 ($300,000 in the past over a three-year period and $840,000 in the future over a 24-year period). Both, Deona Coleman and New York City Transit Authority appealed the verdict, contending that the liability verdict was inconsistent with the weight of the evidence and alternatively, that the future pain and suffering damages award was excessive.
The Appeal
Supreme Court, Appellate Division, Second Department heard the appeal and once again analyzed the evidence presented by both parties. At the time of the accident, Mr. Blair was 51 years old, weighed 330 pounds, and was unemployed. He asserted during the trial that he is unable to walk without a limp and requires a cane. His medical expert testified that it is probable that he will develop arthritis in his foot and may require additional surgery however, there was no claim for future medical expenses.
Defense noted that prior to the accident, Mr. Blair suffered from a variety of physical ailments, including asthma, bronchitis, sleep apnea, high blood pressure, and knee arthritis. He had been taking pain medication for his back, legs, and knees and that Mr. Blair acknowledged that he had experienced a variety of pain, had difficulty walking, and occasionally used a cane. One year prior to the accident, he had also visited the emergency room at a hospital to complain about severe edema in his knee. Along with medical evidence, a bus driver named Eric Champion, who was driving behind Coleman's bus on Hillside Avenue, testified that Coleman had a green left-turn arrow when she made her turn. This green arrow was also visible in a video shown at the trial. The video further showed a light activating at the traffic signal, a vehicle stopping next to Coleman's bus as she turned, and pedestrians starting to cross Hillside Avenue in the crosswalk opposite Coleman. If the green light at Hillside Avenue for through traffic had been on during the collision, the vehicle wouldn’t have stopped, and the pedestrians wouldn’t have had a safe path to cross.
The Appellate Court agreed with the defendants, Deona Coleman and the New York City Transit Authority, and sent the case back to the trial court for a new trial focused only on whether they are responsible. The court also decided that if they are found responsible in the new trial, the amount of money for future pain and suffering should be reduced to $500,000.
Sternberg Injury Law Firm
At Sternberg Injury Law Firm, we offer complimentary consultations for those who have lost a loved one or relative due to someone else's negligence. Our goal is to ensure you receive the highest compensation possible. Our attorneys are well-versed in Personal Injury Law and will work closely with you to evaluate your case after you retain our services. We will also provide detailed information about your options and how our firm can assist you. We handle cases throughout New York, including in Bushwick, Glendale, and Point Lookout. You can reach us via email, text, or by completing our online form.