John Blumenstock recently obtained a defense verdict in a pedestrian knockdown case in NY Supreme Court, Rockland County. On the night of October 15, 2013, a then 67-year-old woman with considerable emotional issues, was struck and dragged 20-30 feet along the roadway by our client’s bus as she was crossing the entrance to the New York State Thruway in Clarkstown, New York. Plaintiff alleged that the driver negligently failed to see her in the crosswalk despite good lighting and clear conditions and failed to yield the right of way. John argued that plaintiff was not in the crosswalk, difficult to see in dark clothes, walked between cars/traffic, and stopped in middle of road without trying to avoid contact with bus.
As a consequence of the accident, plaintiff claimed she sustained fourteen broken bones (three requiring surgery,) ligament injuries, lacerations requiring debridement and closure with sutures and fracture blisters. She was hospitalized for two months and then had to undergo 5 months of inpatient rehabilitation physical and occupational therapy. Medical expenses were roughly $1,240,000.
Prior to trial, the plaintiff’s demand stood at $2,500,000. The jury returned a complete defense verdict on liability after 20 minutes of deliberations.