$9.5M Brooklyn Jury Verdict for 20 Yr Old Pedestrian Struck By Bus Reduced to $6.5M

Earlier this month the appellate court covering Brooklyn reduced a Brooklyn jury verdict of $9.5M in favor of a then 20 year old lady who was struck by a bus in Brooklyn while crossing Benson Avenue by 20th Avenue. The pedestrian crossed Benson Avenue in the cross walk with the light in her favor. The bus made a right turn into the young lady who was removed from the scene bleeding from her head and taken to a nearby hospital. Though she complained of pain in her head, neck and back, she was discharged after they stitched her head and a lumbar x-ray was reported as normal.

Following the accident, the young lady underwent 10 months of physical therapy and was diagnosed by two of her physicians with significant head trauma resulting in headaches and cervical/lumbar sprains with radiculopathy. More than two years after the accident, the plaintiff was diagnosed with spinal disc herniations and underwent a cervical laminectomy and fusion and a lumbar fusion which will likely require future spinal surgeries. There was testimony from six medical experts for the plaintiff who also was claimed to have been diagnosed with significant cognitive injuries with a NeuroQuant test which assesses cortical and structural damage. It was claimed that the plaintiff will require maintenance cognitive therapy for life.

The defense presented two medical experts both of whom swore their was no objective evidence of an injury to the spine, no herniation's and presumably no need for surgery. The jury disagreed and awarded the plaintiff: $500,000 for past pain and suffering; $5,000,000 for future pain and suffering; and, $4,000,000 for future medical expenses over the next 55 years totaling $9,500,000. The appellate court reduced the award for future pain and suffering to $3,000,000 and the future medical expenses to $3,000,000. Myndar v City of New York and Varsity Bus Co., 2018 N.Y. Slip Op. 50452(U)

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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