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$________ Bus negligence - Plaintiff pedestrian struck by left turning school bus - Tibia/fibula fracture with surgery - Torn meniscus diagnosed several months later - Arthroscopic surgery and manipulation under general anesthesia - Closed head injury diagnosed some months after incident.

Hudson County, NJ

The plaintiff pedestrian, approximately 50, contended that as he was crossing in the crosswalk, the bus driver, facing him and making a left turn, failed to make adequate observations, striking him. The defendant was driving a school bus and only an aide, who did not testify, was a passenger on the bus. The defendant maintained that the plaintiff failed to make observations and was comparatively negligent.

The plaintiff’s accident reconstruction expert would have maintained that unless a careful "sweep" of the area is made, the side view mirror could have obstructed the driver’s vision as she was turning left.

The plaintiff contended that he sustained severe tibia/fibula fractures that required an open reduction and internal fixation. The plaintiff maintained that he will suffer permanent pain and limitations because of this injury. The plaintiff further maintained that he sustained a tear of the medial meniscus that required arthroscopic surgery and a manipulation under general anesthesia the following day in order to provide greater range of motion.

The plaintiff also contended that he sustained a closed head injury that caused some difficulties with memory and concentration. The plaintiff, who is a doorman in New York City, contended that because of the deficits, he has difficulties recalling the names of tenants.

The defendant contended that in view of the absence of a diagnosis of a knee or closed head injury for some months, the plaintiff’s claims should be significantly questioned. The plaintiff countered that the other injuries were not diagnosed for some months because of the severity of the leg fractures.

The plaintiff lost approximately one year from work. All but $________ was paid.

The case settled prior to trial for $________, including $________ for pain and suffering and $________ for lost wages.

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