New Trial for Traumatic Brain Injury Case but Compensation Remains Unchallenged

A 66-year-old retiree, Claude Williams, stepped off the curb on Madison Avenue near its intersection with 125^th Street when he was struck by a bus. The accident occurred on September 27, 2003. The injuries of the victim were severe. Mr. Williams sustained the following:

• Blunt head trauma
• Bilateral subdural hematomas – which later required surgery to relieve pressure and drain blood from his head
• Subarachnoid hemorrhage
• Facial fractures
• Intercerebral hemorrhage

Ultimately, the accident caused several traumatic brain injuries including dementia, memory loss, and cognitive deficits. In addition, he victim now required a cane to walk due to reflex abnormalities and diminished sensation, as well as a resulting leg ulcer.
In the lawsuit, the plaintiff and the defendant presented differing facts:  The plaintiff alleged that the bus driver beat a red light and was going too fast at a distance that was less than three feet from the curb. Meanwhile, the driver said that Mr. Williams caused the accident because he stepped to the side of the street of the passing bus.
A Manhattan jury found the driver and the NYCTA (the bus company) 100% at fault and awarded $1.8 million to the plaintiff. While the defendant did not challenge the amount when they appealed, they claimed that the trial judge made significant errors which required the reversal of the liability verdict.
When the appellate judges looked into the trial testimony, they said that the jury was “irrational” in saying that the plaintiff bore no responsibility. This is because even if the driver was negligent, the fact that the plaintiff did not look for incoming vehicles before crossing the street points to the fact that he was negligent as well.