A Professional Limited Liability Corporation


ARTICLES



GAP CASE: Gillespie v. NYCTA

While exiting a subway train in Queens, plaintiff fell into the gap that separated the train and the platform, and filed a lawsuit alleging negligence. The plaintiff alleged the gap was 8-12 inches wide, and exceeded regulations specifying that gaps can not be wider than 6 inches. As a result of the accident, plaintiff claimed injuries to his neck, back, torn ACL, lateral meniscus and torn medial meniscus. The jury returned a verdict in favor of our client, NYCTA, stating the existence of the 5.75 inch gap was not negligent.

Verdict Search New York; Vol. XXV, Issue 25, Dec. 10, 2007; Author: James Withers



INTENTIONAL TORT: Taylor v. NYCTA

Plaintiff, who is disabled, was a passenger on a bus when she stated a bus operator physically assaulted her causing her to fall to the floor. She sued for assault and battery, false imprisonment and negligent hiring. As a result of the incident, plaintiff claimed injuries to her arm, back, shoulder and aggravation of pre-existing injuries. After the judge granted our trial motion to dismiss the false imprisonment and negligent hiring claims, the jury returned a verdict finding there was no assault of the plaintiff.

Verdict Search New York; Vol. XXIV, Issue 32, Feb. 5, 2007; Author: Rob MacKay



GAP CASE: Santana v. NYCTA


While exiting a subway train in Manhattan, plaintiff fell into the gap that separated the train and the platform, and filed a lawsuit alleging negligence. Plaintiff has to be freed by the fire department with the use of pneumatic lifts, and alleged the gap was more than 6 inches in violation of regulations. As a result of the accident, plaintiff claimed injuries that included cellulitis, chondromalacia, complex regional pain syndrome, knee surgery, and reflex sympathetic dystrophy. The jury returned a verdict for our client stating the gap was not unreasonable and was necessary for the safe operation of the train.

Verdict Search New York; Vol. XXIV, Issue 30, Jan. 22, 2007; Author: Ivan Alexander



FALL ON BUS: Ress v. NYCTA

Plaintiff, who was 84, was a passenger on a bus when she alleged the bus operator took off from the bus stop at an excessive rate of speed causing her to fall to the floor of the bus near the fare box. As a result of the accident, plaintiff claimed fractured ribs, resulting pneumothorax, exacerbation of a knee condition and extended treatment. After hearing the bus was mechanically limited to a slow rate of speed it would accelerate from a stopped position, the jury returned a defense verdict in that the bus operator was not negligent.

Verdict Search New York; Vol. XXIII, Issue 25, Dec. 12, 2005; Author: Nancy Deluca



MOTOR VEHICLE COLLISION: Cruz v. NYCTA

Plaintiff alleged he was waiting at an intersection to turn right, when a bus passed to his left and made a right turn striking his vehicle. As a result of the accident, plaintiff claimed disc herniations, shoulder impingement syndrome and tendinitis. After hearing testimony from the bus operator that the plaintiff tore his grill, light moldings and bumper off while saying "mas dinero", they returned a defense verdict.

Verdict Search New York; Vol. XXIV, Issue 2,June 12, 2006; Author: Jacqueline Linger



FALL ON BUS: Onyemuwa v. NYCTA

Plaintiff was a passenger on a bus when she alleged the bus operator made a severe sharp right turn at a high rate of speed throwing her to the floor of the bus. As a result of the incident, plaintiff claimed ankle sprain, disc bulging with impingements, arthroscopy surgery and a torn meniscus. After testimony stating controverting plaintiff’s claims, the jury returned a verdict in favor of our client.

Verdict Search New York; Vol. XXIX, Issue 31, Jan. 30, 2012; Author: Max Mitchell



SUDDEN STOP AND FALL: Ress v. NYCTA

Plaintiff was a passenger on a bus when she alleged the bus operator made an unnecessary and abrupt stop causing her to fall to the floor of the bus and slid into the fare box. As a result of the accident, plaintiff claimed a torn medial meniscus, disc bulging, radiculopathy and nerve damage. The jury returned with a defense verdict after hearing the bus operator avoided collision with a livery cab that was traveling on the wrong side of the street in the wrong direction.

Verdict Search New York; Vol. XXV, Issue 35, Feb. 25, 2008; Author: Joseph Falso



STRUCK BY BUS: Alcantara v. NYCTA

Plaintiff was crossing the street in a crosswalk when she alleged a bus struck her while making a left hand turn. The plaintiff alleged herniations to her back and neck. The jury returned with a defense verdict after testimony from the bus operator denying the incident.

Verdict Search New York; Vol. XX V, Issue 28, Jan. 7, 2008; Author: James Withers



DEFECTIVE STEP: Davis v. NYCTA

Plaintiff was descending subway steps when he claims to have tripped on a defective step and fall to the bottom of the staircase. As a result of the accident, plaintiff claimed ligament tears, wrist fracture, herniated lumbar disc and complex regional pain syndrome. The jury returned a verdict in favor of our client agreeing that there was no notice of the defect and that it was not a substantial factor in causing the alleged incident.

Verdict Search New York; Vol. XXV, Issue 31, Jan. 28, 2008; Author: Tim Heinz



DEFECTIVE LANDING: Rivera v. NYCTA


Plaintiff claimed the stairway landing was dangerously inclined causing her to slip and fall. As a result of her fall, plaintiff sustained a torn medial meniscus requiring surgery. The jury returned with a defense verdict after hearing testimony that the slope of the landing was necessary to manage rain water from outside.

Verdict Search New York; Vol. XXV, Issue 39, Mar. 24, 2008; Author: Samantha Schulz



MOTOR VEHICLE COLLISION: Park v. NYCTA

Plaintiff was driving in Queens County when he made a left turn and then slowed because of traffic. A bus traveling in the same direction, made a left turn from the right lane striking the plaintiff’s vehicle. Plaintiff claimed various disc herniations, impingements and epidural injections as a result of the accident. The jury returned with a defense verdict after hearing the jplaintiff’s car struck the rear of the bus.

Verdict Search New York; Vol. XXVII, Issue 46, May 17, 2010; Author: Dan Israeli



ABRUPT STOP ON TRAIN: Osman v. NYCTA

Plaintiff was a passenger in a subway car that stopped abruptly causing him to be thrown into a pole, then onto a seat causing injury and unconsciousness. As a result of the accident, plaintiff claimed fractured ribs, herniated disc, bulging disc, concussion and shoulder pain. The jury returned with a defense verdict after testimony that the train was traveling at 5mph just prior to the stop because a construction crew were working on the tracks.

Verdict Search New York; Vol. XXVI, Issue 31, Jan. 26, 2009; Author: Samantha Schulz