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ARTICLE ID 190681

$________ – BUS NEGLIGENCE – 51-YEAR-OLD DECEDENT STANDING ON CORNER IS PROPELLED SEVERAL FEET INTO ROADWAY AND KILLED BY BUS.

Bronx County, NY

In this action, the plaintiff contended that the defendant’s driver failed to make observations, striking the 51-year-old decedent as she was about to board a 2:30 p.m. bus after completing an assignment on a Sunday afternoon. The plaintiff maintained that the that the driver failed to notice her presence or that she wanted to board the bus and that the decedent was struck by the turning bus as she was standing on the sidewalk and propelled several feet into the roadway. Neither the driver nor any passenger indicated that they observed an incident and the bus continued on its route. The bus was contacted a short time later and the defendant contended that the decedent must have walked into the side of the moving bus.

The plaintiff pointed out that the decedent was found face-down four to five feet into the roadway, having sustained severe crush injuries. The plaintiff’s accident reconstruction expert maintained that the most likely scenario was that the decedent was facing the southbound bus when she was struck below the center of gravity, being propelled into the roadway where she was run over by the bus. The defendant contended that if such an incident had occurred, either the driver or some of the approximate 15 passengers would have observed it, and the defendant contended that the plaintiff’s theory should be rejected. The defendant maintained that the most likely scenario was that the decedent walked into the side of the bus and was run over.

The plaintiff’s accident reconstruction expert asserted that if the decedent had walked into the side of the bus, she would have been found much closer to the curb. The plaintiff’s expert maintained that fact that the crushed decedent was found four to five feet into the roadway while prone and facing the ground reflected that she was struck below the center of gravity, propelled into the roadway, and was run over by the bus.

The plaintiff’s pathologist, the Rockland County Medical Examiner estimated that the decedent probably experienced between two and five seconds of pain and suffering before losing consciousness and succumbing. The plaintiff contended that the decedent provided approximately 15 to 30 hours of services per week to her disabled mother. The plaintiff maintained that the conclusions of the plaintiff’s expert economist would be conservative and be based on approximately 15 hours of services per week. The plaintiff’s economist projected approximately $________ in losses.

The decedent, a home health aide, worked caring for a client in the client’s home on Sunday afternoons resided with her disabled mother, and the plaintiff contended that the event occurred as the decedent was leaving this assignment. The decedent also left an adult daughter with whom she did not reside. The decedent’s daughter was 33 at the time of the death and 40 at trial. The daughter indicated that she was very close with her mother and derived substantial guidance, advice and counsel from her.The jury found the defendant ________% negligent and awarded $________, including $________ for wrongful death, $________ for conscious pain and suffering and $________ to the daughter for loss of counsel and advice.

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