Last month, a Kings County jury awarded $1,250,000 for past pain and suffering and $3,680,000 for future pain and suffering (over 46 years) to a 26 year old foreign exchange student who was struck by a bus while crossing a street in downtown Brooklyn in 2019. This jury found that the driver of the New York City Transit Authority bus was 70% at fault and that the pedestrian was 30% at fault. That finding means that the pedestrian will only recover 70% of the $4,930,000 total verdict or $3,451,000 to compensate him for a brain hemorrhage which required a craniotomy. It was also claimed that the plaintiff/pedestrian suffers headaches and post-traumatic brain injuries requiring future neurological care.

What is most interesting is that the responding police officer recorded in the police report: "Pedestrian states he was not paying attention and did cross the street... in front of moving city bus...." DiCarlo v NYCTA, Supreme Court, Kings County, Index No. 511848/2019.