We obtained a settlement of $200,000 where an elderly client fell while entering a mini-bus. She sustained a hip fracture requiring surgery.
Defendant is a private shuttle service serving the Borough Park, Flatbush, Midwood, and Kings Highway communities of Brooklyn. The client was being picked-up along with other passengers at 13th Avenue. She claims that the mini-bus moved about one foot as she was entering. She fell onto the sidewalk.
The driver testified that he did not move and that the client lost her balance on entering. The driver stated that his vehicle was in park and that he had his foot on the brake as she was entering.
There was also an issue as to whether the bus had a safety interlock which would have prevented the bus from accelerating when the doors were open. It was defendant’s position that even if the driver had tried to switch gears and accelerate, which he denies, the interlock would have prevented the vehicle from moving forward.
There was only one non-party witness to the incident. He was uncooperative initially, but after extensive investigation we were able to get his statement and eventually a deposition. He stated that the bus moved about one foot.
If you have been involved in a bus accident, please feel free to contact me for a free consultation at 800-581-1434 or firstname.lastname@example.org.
Prior case results do not guarantee a similar outcome.
Mark E. Seitelman, 12/29/11, www.seitelman.com.