The 39 year old plaintiff was riding his bicycle on the east side of 10th Avenue, when a parked cab allegedly opened its door into traffic knocking the plaintiff to the ground. A low riding bus subsequently ran over plaintiff trapping him under the bus, pinned by the front right wheel. Plaintiff maintained that although his companion ran alongside of the bus pounding on the window and yelling for the bus driver to stop, he was dragged approximately one third of a block before the bus actually stopped.
Plaintiff claimed extensive degloving injuries to his left leg from his knee to his hip and to his left testicle, a fractured pelvis and a fractured right ankle. Plaintiff further underwent five suregeries and skin grafting procedures, extensive physical therapy to relearn how to walk and perform activities of daily living, maintains permanent extensive scarring and disfigurement, permanent loss of sensation, difficulty urinating and friable skin.
The defendant cab driver denied opening the cab door into plaintiff and maintained that plaintiff fell on his own. The defendant bus driver contended that he was concentrating on traffic and that he was not negligent because he was in his lane of traffic.
The jury found that the bus driver was 70% negligent, the cab driver was 30% neglignet and that the plaintiff was free of any contributory negligence on his part. The jury awarded plaintiff $6 million for past pain and suffering and $3,185,000 for future pain and suffering, for a total award of $9, 185,000.
Long Island Lawyer
Paul A. Lauto, Esq.