Grandmother Recovers $1.6M From NYC Transit and Bus Driver

It was reported today that an Appellate Court upheld a jury verdict finding that a bus driver carelessly and suddenly braked which caused a 64 year old grandmother to be violently thrown to the floor. The NYC Transit Authority and its bus driver blamed the accident on the passenger for getting up from her seat to retrieve a bottle of milk that had rolled out from her grocery bag. The bus driver claimed that the sudden stop was necessary because three children darted out in front of the bus. On appeal the Court held that the jury had a reasonable basis to conclude from the conflicting evidence that the passenger acted appropriately in retrieving a rolling bottle of milk and that the bus driver was 100% at fault.

The Appellate Court did however find that the jury award was unreasonably excessive. The passenger injured her back and both shoulders which required two surgeries. Despite treatment the plaintiff continues to suffer severe pain, never regained full range of shoulder motion and needs help with all activities of daily living. The award of $800,000 for the past 3 1/2 years of pain and suffering was upheld but the award of $1,500,000 for future pain and suffering over the next 17 years was reduced to $800,000 leaving a total sustained award of $1,600,000. 2017 WL 5162854

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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