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$450,000 result- cited in Verdict Search New York
Bus - Negligent Maintenance - Falls - Slip and Fall - Woman
fell on snow while switching city buses
VERDICT:
$450,000. CASE: Patricia Baptiste v. New York City Transit
Authority, Manhattan and Bronx Surface Transit Operating
Authority, and "John Doe", First and Last Name Unknown, No.
17792/01
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices of
Alan M. Greenberg P.C., New York, NY
DEFENSE ATTORNEY(S) Patrick Costello, Silverman, Sclar, Byrne,
Shin & Byrne P.C., New York, NY
COURT: Bronx
Supreme. JUDGE: Bertram D. Katz . DATE: 6/8/2004
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices of Alan M.
Greenberg P.C., New York, NY
DEFENSE ATTORNEY(S): Philip W. Coleman, Coleman & Andrews,
Bronx, NY
FACTS & ALLEGATIONS: On Feb. 22, 2001, plaintiff Patricia
Baptiste, 48, a bookkeeper, was a passenger on a Manhattan and
Bronx Surface Transit Operating Authority bus, which was
traveling on Southern Boulevard, near its stop at the
intersection with 156th Street in the Bronx. When the bus
reached the stop, it became stuck in snow and slush, which had
been created by a winter storm that occurred earlier in the day.
The bus driver, Philip Chan, instructed the passengers to exit
the bus and wait for another bus. Two buses arrived shortly
thereafter. Baptiste was walking toward one of the buses when
she slipped and fell. She sustained a fracture of her right
elbow.
Baptiste sued the Manhattan and Bronx Surface Transit Operating
Authority and its parent entity, the New York City Transit
Authority. She also sued Chan, who was included as a John Doe
defendant.
Baptiste claimed that the transit authorities were negligent
because they failed to put snow tires on the bus, or, in the
alternative, because they failed to apply chains to the bus’
tires. She also claimed that the second and third buses stopped
in Southern Boulevard's left lane — not its right lane — thus
failing to provide a safe means of access to those buses.
The transit authorities contended chat Baptiste's fall did not
stem from a lack of snow tires or tire chains. They contended
that the second and third buses stopped in Southern Boulevard's
right lane, and that Chan stood in the street and assisted
passengers while they boarded the second and third buses, thus
providing a safe means of access to those buses.
INJURIES/DAMAGES: fracture; elbow
Baptiste sustained a
dislocation and probable avulsion fracture of her right,
dominant, medial epicondyle, which is commonly known as the
elbow's "funny bone." She was treated at the emergency room of
Lincoln Medical and Mental Health Center in the Bronx, where she
underwent open reduction surgery. She was then fitted with a
cast that covered most of her arm. The cast was removed two
months later, but Baptiste contended that the residual pain
prevented her from working until approximately five months after
the accident.
Baptiste's treating physician testified that Baptiste will
develop a permanent inability to bend the elbow joint, and that
she will experience increasing joint pain.
Baptiste's medical expenses were paid by her insurance, and she
did not present a lost-wages claim. She sought recovery of
damages for her permanent pain and suffering.
RESULT: The jury rendered a plaintiff's verdict. It found that
the defendants did not fail to provide a safe means of access to
the second and third buses, but that they were negligent for
failing to put snow tires on the first bus or for failing to
apply chains to that bus' tires. The jury also found no evidence
of any comparative negligence. Baptiste was awarded $450,000.
PATRICIA BAPTISTE: Awarded $218,000 past pain and suffering,
plus $232,000 future pain and suffering, totaling $450,000.
DEMAND: $250,000. OFFER: $12,500.
TRIAL DETAILS: Trial Length: 4 days. Jury Deliberations: 3
hours. Jury Poll: 6-0
Jury Composition: 4 female, 2 male.
PLAINTIFF EXPERT(S): Carl Wilson, M.D., orthopedic surgery,
Bronx, NY (treating physician)
DEFENSE EXPERT(S): None reported.
POST-TRIAL: There is a pending defense motion to set aside the
verdict.
—Joe Dessereau
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