Archive for the ‘Long Island bus accident’ Category

Campbell v County of Suffolk

In this Long Island bus accident case, the plaintiff Susan Campbell was a passenger in a motor vehicle when it was struck by a bus owned by the defendant County of Suffolk and operated by defendant Peggy Costello. Plaintiff sustained injuries and commenced this lawsuit against the County and Costello to recover damages for personal injuries. Plaintiff moved for summary judgment on the issue of liability and submitted evidence demonstrating entitlement to judgment by establishing that her vehicle was traveling northbound on County Road 51 when the bus, traveling southbound, crossed over the median and struck plaintiff’s vehicle head on. Supreme Court granted plaintiff’s motion for summary judgment on the issue of liability.

Defendants then appealed this decision but failed to raise a triable issue of fact. Costello admitted at her deposition that she swerved to avoid a nearby truck but also stated that she saw the entire truck in her side view mirror which would suggest that the truck was not dangerously close. Since defendants failed to raise an issue of fact as to whether Costello was faced with an emergency not created by her own actions, the plaintiff was entitled to summary judgment.

Accordingly, the Court affirmed the judgment, with costs.

Read the full article here.

If you need a lawyer to represent you in your New York bus accident case, please contact Kevin P. Sheerin toll free at 888-998-9984.

Price v. County of Suffolk (2008 NY Slip Op 08310)

Plaintiff, Clifton Price, riding on a Suffolk County bus was left off the bus onto the shoulder of a roadway and not in a designated bus stop. Another motorist, Sims, while riding on the shoulder struck the plaintiff causing injuries. A jury awarded Mr. Price $623,352. Suffolk County appealed and the Court held that the jury properly concluded that The County and the bus driver breached the common carrier’s duty to stop the bus at a place where a passenger may safely disembark and leave the area. The act of defendant, Sims, did not constitute an “independent, supervening cause.”

The Court also found that the award of damages did not deviate materially from what would be reasonable compensation.

Johnson et. al. against County of Suffolk et. al. Appellate Division, Second Department decided October 28, 2008

Suffolk County appealed the denial of their motion for summary judgment that plaintiff’s had not breached the no fault threshold, i..e that the plaintiff’s had not sufferred a “serious injury.” This Long Island bus accident occurred on April 7, 2003 when a bus owned by Suffolk County and operated by defendant Miquel Vasguez struck the rear of another vehicle which was propelled into a third vehicle occupied by the plaintiffs, Johnson and Johnson. The court held that neither plaintiff sufferred a serious injury under NYS Insurance Law sect. 5102(d). Plaintiffs doctor examined both plaintiffs about two months after the accident and found that the Johnson’s had full range of motion in their lumbar and cervical spines.