Court Requires Injured Man With Brain Damage To Win Case 3 Times

by Long Island Attorney Paul A. Lauto, Esq.

In 2003, Claude Williams suffered permanent brain damage after being struck by a NYC Transit Authority bus. In 2009, after the long awaited trial of his case, a jury awarded plaintiff Williams $1.8 million dollars finding the defendants 100% liable.

In 2011, after defendants' long awaited appeal, the court ordered a re-trial on liability, refusing to accept the jury's finding of 100% liability against defendants. After a second trial as to liability, the jury again found in favor of plaintiif but this time held defendants only 40% liable. Once again, the defendants appealed.

In yesterday's decision, the court for a second time vacated the jury's verdict and ordered a third trial as to liability. The court apparently was not satisfied with the inclusion of testimony from one of defendant's witnesses. The Transit Authority's investigator handling the case, essentially testified that Transit Authority policy was to keep a significant distance between the bus and the curb while approaching a stop. The court reasoned that the Transit Authority policy as testified to, created a higher duty upon defendants than that imposed by common law. Accordingly, the court ruled that said testimony was inadmissible and vacated the verdict in favor of plaintiff.

Read the full article at www.liattorney.com/scales-of-justice.html.