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Verdicts: Mildred Hersh v. New York City Transit Authority

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Type of Case: Bus Accidents
Verdict: $10,998,150.00
Case: Mildred Hersh v. New York City Transit Authority, et al., No. 120242/00
Venue: New York Supreme, NY
Judge: Marylin G. Diamond
Verdict Date: 07-13-2001

Glenn D. Miller; Sivin, Miller & Roche LLP; Manhattan, NY
Dr. Joseph Carfi; physical medicine and rehabilitation


William S. Jones; Wallace D. Gossett; Brooklyn, NY
Dr. Malcolm Reid; Physical Medicine

This accident occurred on 6/23/00 at approximately 6:30 PM, at the intersection of First Ave. and 23rd St. in Manhattan. Pltf., a 90-year-old retired teacher, claimed that as she was crossing First Ave., a bus that was traveling west on 23rd St. turned onto First Ave. and sideswiped her. She claimed that the impact knocked her down and the right rear wheels of the bus ran over her legs.

Defts. contended that Pltf. was not wearing her glasses or her hearing aid at the time of the accident. Defts. further contended that Pltf. was walking with her head down, not looking where she was going, and they produced a witness who testified that Pltf. slipped under the rear wheels of the bus. Pltf. had testified that she never saw the bus until it hit her.

offer; demand: $1,000,000; amount asked of jury: $11,000,000.

Bilateral leg amputations at mid-thigh. Pltf. is confined to a wheelchair. Pltf. claimed that she was entitled to a private room in a nursing home and needed a personal aide 24-30 hours a week. Pltf. had never married and contended that she was accustomed to privacy. Deft. contended that the cost of a private room was inflated.

Verdict Information: $10,998,150, reduced to $3,629,390 for 67% comparative negligence of Pltf. 6/0. Breakdown: $3,000,000 for past pain and suffering; $5,000,000 for future pain and suffering 10 years; $184,000 for past medical expenses; $2,814,150 for future medical expenses 10 years. Jury: 3 male, 3 female. The jury deliberated for 1 hour . The trial lasted 3 days.

Demonstrative Evidence: photographs of Pltf. before and after the accident; hospital records; life care plans

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