Elderly Pedestrian Was Struck By Bus

Plaintiff, 69, a retired social worker, claimed that she was struck by a bus while crossing West 96th Street at its intersection with Columbus Avenue in New York City. Plaintiff sued the bus driver and Jo-Lo Bus Co., which owned the bus. She claimed that the bus was operated and controlled with defective and improper brakes and appurtenances, and that the bus driver failed to properly use the brakes. Plaintiff also contended that the bus driver was careless and reckless in her operation of the bus, and that she failed to use proper caution in approaching and proceeding through the intersection. In her examination before trial testimony, Plaintiff claimed that she had no recollection of how the accident occurred, or of the specific contact points on her body. The Defendant bus driver testified that she was completing a turn and that she saw Plaintiff crossing the street, she stopped quickly and that Plaintiff turned and hit the bus' side mirror. Plaintiff sustained a T12 compression fracture with infraction of the superior end plate and loss of height. The Defendants argued that Plaintiff's injuries are due to osteoporosis, aging and pre-existing arthritis. They would have claimed that Levy returned to an active lifestyle that included taking tennis lessons, creating sculptures and traveling. Plaintiff admitted that she had been diagnosed with osteoporosis prior to the accident. Ronald D. Ingber successfully overcame the hurdles in this case and negotiated a settlement in the sum of $105,000.