New York Personal Injury Attorneys Blog

In Vasquez v. County of Nassau, 2012 NY Slip Op 00508 decided on January 24, 2012 The New York Appellate Division 2d Department affirmed a jury verdict of $3,025,000.00. The case was tried by our partner Howard Hershenhorn in Nassau County Supreme Court. Our partners, Rhonda Kay and Richard Steigman handled the appeal.

On Oct. 18, 2003, plaintiff's decedent Maria Araujo, 34, was crossing Washington Street, at the corner of Jackson Street, in Hempstead. She was carrying her 3-year-old son, plaintiff Fernando Araujo. Glory Upke was driving a sport utility vehicle north on Washington Street, and a public bus, driven by William Malloy, was traveling on the westbound side of Jackson Street. The bus struck the right rear quarter panel of Upke's vehicle. Upke's vehicle spun in a counterclockwise direction and struck and killed Maria Araujo. Fernando was also hurt. The Appellate Division set forth the facts of the accident as follows;

“This case stems from an accident involving multiple vehicles and two pedestrians at the intersection of Jackson Street and Washington Street in Hempstead, which was governed by traffic light signals. The decedent was carrying the infant plaintiff, her three-year-old disabled son with Down Syndrome. As the decedent crossed Jackson Street on the north side of the intersection in the crosswalk, she was struck by a vehicle operated by the defendant Glory E. Upke, after that vehicle was struck by a bus operated by the defendant William Malloy and owned by the defendant Metropolitan Suburban Bus Authority. The force of the impact propelled the decedent into the air and caused her to let go of the infant plaintiff. Prior to the accident, the bus was traveling in a westerly direction on Jackson Street, and the Upke vehicle was traveling in a northerly direction on Washington Street.

There was conflicting evidence adduced at trial as to the speed at which the vehicles were moving as they approached the intersection and about which driver had the right of way. Upke testified that she had a yellow light as she traveled north through the intersection, but several witnesses testified that Malloy, the bus driver, had a green light as he traveled west through the intersection. In any event, Upke did not see the bus until it hit her vehicle in the intersection. Although there was conflicting evidence about whether Malloy looked for other vehicles or pedestrians before proceeding through the intersection, as he approached the intersection, he could see substantially more than 40 feet to his left, which was the direction from which Upke's vehicle was traveling. Nonetheless, he did not see her vehicle until a "split second" before the bus collided with Upke's vehicle. The jury found that the defendants County of Nassau, Metropolitan Suburban Bus Authority, and Malloy (hereinafter collectively the municipal defendants) were 35% at fault in the happening of the accident, and Upke was 65% at fault in the happening of the accident.”

The plaintiff alleged that Maria Araujo sustained severe head injuries at the accident scene and died. The estate sought recovery of damages for her past pain and suffering in the approximately three seconds from when she was struck and when she died. The plaintiffs' expert economist opined that Ms. Araujo earned approximately $5,000 to $6,000 per year as a house cleaner and that Fernando suffered a fractured right tibia and received treatment consisting of casting and immobilization, which lasted only a few weeks, mostly because of his age.

Fernando has Down syndrome and could only speak a few words. He required substantial care, which at the time was being provided by his older brother, who was a senior in high school and expected to go to college, and thus would not be able to provide assistance.

Felix Vasquez sought recovery of damages for his son's past loss of financial support, past loss of household services, past parental care and guidance, future loss of financial support, future loss of household services, and future loss of parental care and guidance. He also sought recovery of damages for his loss of services. The Court affirmed the verdict in its entirety including the award of $100,000 for the decedent's conscious past pain and suffering, $40,000 for past loss of financial support, $200,000 for future loss of financial support, $140,000 for past loss of household services, $1,800,000 for future loss of household services, $100,000 for past loss of parental care and guidance, and $600,000 for future loss of parental care and guidance.

Our partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the accident was her fault asserting that she had not crossed in the crosswalk and that she failed to pay attention to the traffic conditions. The injured victim asserted that the bus driver failed to keep a reasonable and proper lookout failing to pay proper attention and in failing to avoid the pedestrian. As a result of the impact the woman suffered a degloving injury to her knee and pelvic fractures.

Rubinowitz, who recently won a $27.5 million verdict for another client struck by a bus said: “This successful result was part of a team effort. Howard Hershenhorn, Diana Carnemolla and Peter Saghir also worked timelessly for our client.” Rubinowitz continued: “We have the ability to secure the very best results for our clients because of two main reasons: We work harder and put in more effort than any other law firm.”

Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz has had remarkable results for its clients in car accident, construction, premises liability, civil rights and medical malpractice cases. Ten of its lawyers have been listed in Best Lawyers and Super Lawyers.

The following is an extract from a report in The National Edition of Verdict Search, Vol. 8 Issue 6, June 2009.

Our Partner, Ben B. Rubinowitz represented the plaintiffs, Gloria Aguilar and Aristides Aguilar.

On Nov. 4, 2005, plaintiff Gloria Aguilar, 45, a homemaker and part-time housecleaner, was struck by a New York City Transit Authority bus. The incident occurred on West 50th Street, alongside its intersection at 10th Avenue, in Manhattan. Aguilar sustained injuries of her arms, head, legs and torso. Aguilar sued the bus's driver, Andrew Monaco, and the bus's operator, the New York City Transit Authority. Aguilar alleged that Monaco was negligent in his operation of the bus. She further alleged that the New York City Transit Authority was vicariously liable for Monaco's actions.

Aguilar's left leg was crushed by the bus's front right tire. She also sustained an injury of her right leg and abrasions and road rash of her head, limbs and torso. She was placed in an ambulance, and she was transported to Bellevue Hospital Center, in Manhattan. Her left leg could not be saved, so it was amputated below the knee.

Aguilar subsequently developed an infection of the remaining portion of her left leg. As a result, she had to undergo surgeries that included further amputation of the leg. She ultimately lost her left knee and about four additional inches of the area above the knee. She wears a prosthetic device. Her hospitalization lasted two months, and she subsequently underwent orthopedic treatment. Aguilar claimed that she suffers residual damage of her legs' nerves. She also claimed that she experiences "phantom" pain that seems to stem from the missing portion of her left leg. She further claimed that she undergoes treatment of residual psychological conditions that include post-traumatic stress disorder and major depression. She contended that her disability prevents her resumption of work.

Aguilar's life-care-planning expert opined that Aguilar must undergo lifelong physical therapy. He also opined that Aguilar's prosthesis must be replaced every three to five years. Aguilar sought recovery of about $5.6 million for her future medical expenses. She also sought recovery of damages for her past and future pain and suffering. Her husband sought recovery of damages for his past and future loss of services and society.

This case was also reported in The New York Times.

Following a six week trial in New York Supreme Court before Judge Paul Feinman, our Partner, Ben B. Rubinowitz obtained a jury verdict of $27,500,000.00.

The plaintiff, Gloria Aguilar, was a 45 year old woman, returning from work. As she was crossing 50th St at 10th Ave, a New York City Transit Authority bus made a right turn into her. The bus knocked her down and then ran over her left leg. Although the leg was attached "by a thread", the doctors at Bellevue Hospital were unable to perform microsurgery due to the crush injuries from the 40,000 pound bus. Ms Aguilar underwent multiple surgeries and eventually had an above-the-knee amputation.

The defendant Transit Authority claimed that Ms Aguilar was outside of the crosswalk at the time she was struck, that she failed to look and walked into the side of the Bus.

The jury rejected that argument finding the Transit Authority 100% at fault and awarded Ms Aguilar $27,500,000.00 - one of the highest verdicts, if not the highest verdict, ever awarded for a woman who lost her leg in an accident.

Judge Feinman denied the motion by the Transit Authority to set the verdict aside as excessive.