Appellate Division Lets Plaintiff Keep $1.2 of $1.75 Million Verdict for 1-2 Hours of Decedents Pain and Suffering

In Dowd vs. New York City Transit Authority, 2010 WL 4678916 (November 16, 2010), the 79-year old decedent was struck by a bus that was backing out of a parking space at the bus terminal located at 165th Street and Merrick Boulevard in Queens. Part of the maneuver needed to exit from the parking space required a bus operator to reverse the bus, encroaching on the sidewalk that ran along Merrick Boulevard, before moving forward to exit on 89th Avenue. Because of a blind spot directly behind the bus, bus operators are advised that they are to ask a … Read the rest

File This Under “You Can’t Fight City Hall”

One of the banes of representing plaintiffs in personal injury cases against The City of New York is the seemingly endless ability of the City to delay the prosecution of these cases by simply ignoring with impunity court-ordered directives and deadlines to provide disclosure of records and to produce witnesses for depositions.

Most of the time, when a conference is held and the City has not complied with an earlier court order, the City is just given more time to respond. Rarely is the City penalized for its delay and noncompliance. (This is why our office, whenever possible, commences personal … Read the rest