Bus Accident Archives - Pospis Law, PLLC

April 9, 2015 by mjpospis

“Bus Stop” Includes Sidewalk; Summary Judgment to City Denied

In Bednark v. City of New York (decided April 2, 2015), a bus-related personal injury case, the Appellate Division, First Department modified a lower court’s order granting summary judgment to the the defendant City of New York to deny that motion. The facts: Plaintiff was injured when, while disembarking from the rear doors of a…

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December 9, 2014 by mjpospis

Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury Case

In Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…

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May 24, 2014 by mjpospis

Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due Care

Even in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…

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May 20, 2014 by mjpospis

Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident Case

In Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…

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March 28, 2014 by mjpospis

Bus Passenger’s Personal Injury Case Continues, Where Protruding Bus Was Rear-Ended

Recently, in Pichardo v. Fernandez, the Supreme Court, New York County denied a motion for summary judgment filed by the New York City Transit Authority (NYCTA) and the driver of a City bus involved in an accident. Plaintiff was a passenger on a NYCTA bus when it was struck from behind by a car driven and…

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