$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