Posts Tagged ‘bus accident’

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.

Collazo v Metropolitan Suburban Bus Authority

In this New York accident case, plaintiff, Joehau Collazo, appeals against a decision in favor of defendants Metropolitan Suburban Bus Authority and moves for a new trial. In October 2007, defendants were granted a motion for summary judgment dismissing the action against them leading to this appeal.

In April 2002, plaintiff contends he was walking in the eastbound crosswalk of Hillside Avenue and 167^th Street when he was struck by a defendant MTA/Long Island Bus Company bus moving in the left turn lane in the westbound direction of Hillside Avenue. Plaintiff sustained injuries including broken bones and a traumatic brain injury resulting in permanent cognitive and emotional deficits. Defendants allege that plaintiff ran across the westbound traffic lanes between 166^th and 167^th Streets and then ran into defendants’ bus closer to 166^th Street.

Plaintiff argues that the Verdict should be set aside for two reasons: the Court gave an erroneous instruction on the law and the Verdict was against the weight of evidence. According to the plaintiff, the Court erred in permitting the jury to consider defendants’ conduct in two different ways, using Vehicle and Traffic Law and New York City Traffic Regulations. Upon reviewing the circumstances, the Court found no basis to set aside the Verdict based on the Court’s instructions to the jury.

Concerning plaintiff’s claim that the weight of the evidence establishes that defendants’ bus entered the intersection of 167^th Street and Hillside Avenue against a steady red light and then came into contact with plaintiff as he was walking in the eastbound crosswalk of Hillside Avenue, the Court has reasonable doubt that the plaintiff ran into the side of the bus per the defendants’ theory. Multiple testimonies support plaintiff’s version of the accident and based on the testimonial evidence, the Court feels that the Verdict was against the weight of the evidence.

Accordingly, the Court set the Verdict aside and required a new trial be set.

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