3. May 2011 23:33
$6,000,000 RECOVERY - PLAINTIFF CROSSWALK PEDESTRIAN STRUCK BY SCHOOL BUS TURNING LEFT FROM BEHIND HER AFTER PLAINTIFF REACHES MIDDLE AREA OF ROADWAY - PLAINTIFF DRAGGED APPROXIMATELY 20 FEET BEFORE BUS STOPS WITH WHEEL ON TOP OF PLAINTIFF - PLAINTIFF IS CONSCIOUS AND IN GREAT PAIN FOR APPROXIMATELY ONE HOUR BEFORE EXTRICATED - BURST THORACIC FRACTURE - LUMBAR AND THORACIC COMPRESSION FRACTURES - FUSION IN THORACIC AREA - SEVERE DEGLOVING INJURY TO LOWER LEG - CONTINUING RISK OF INFECTION IN LEG BECAUSE OF FLUID BUILDUP - TEMPORARY INCONTINENCE - PTSD.
Bergen County, NJ
In this action, the plaintiff in her mid 20s contended that after she had crossed more than half of the roadway containing one travel lane in each direction, she was struck by the left side view mirror of the bus and pulled under the left front wheel of the bus. The plaintiff contended that as a result, she suffered a burst fracture in the thoracic spine, thoracic and lumbar compression fractures, a severe degloving injury to the lower left leg, bowel and bladder incontinence that resolved after some months, and PTSD. The plaintiff has already undergone some eight major surgeries, including a fusion in the thoracic area, and the insertion of a V.A.C. therapy unit to the lower leg, and contended that she may well require additional surgery in the future.
The bus driver had given the police a videotaped, sworn statement that the plaintiff ran in front of the bus. The plaintiff contended that this statement was inconsistent with the physical evidence that the plaintiff was initially struck by the driver's side view mirror of the bus and the defendant driver indicated during her deposition, that her earlier statement was inaccurate.
The plaintiff maintained that it took almost an hour to extricate her from under the bus. The plaintiff would have stressed that during this period, she was conscious and in great pain, and that one of the first responders continued to hold her hand, attempting to reassure her.
The plaintiff was unable to walk after the collision. She underwent extensive physical and occupational therapy and ultimately regained such ability, albeit with a moderate limp. The plaintiff required a total of some eight major operative procedures, including a fusion in the thoracic area and the installation of a VAC therapy device to help treat the degloving injury in the lower leg. The plaintiff contended that she will permanently suffer fluid build-up, be at increased risk of infection, and may well need surgery in the future.
The plaintiff further maintained that she suffered a severe post traumatic stress disorder that has caused symptoms that include anxiety, depression and flashbacks of the event. The plaintiff would have contended that she will permanently suffer symptoms despite psychotherapy.
The plaintiff also maintained that she will incur extensive future costs, including costs for medical care and alterations to her home. The plaintiff would have introduced evidence of an approximate $5,000,000 life care plan.
The plaintiff was attending college part time and working part time when the incident occurred. The plaintiff contended that because of the injuries, it is doubtful that she will be able to work in the future.
The case settled prior to trial for $6,000,000.