$1,375,000 Pedestrian Accident, Bus Crash – Multiple fractures, traumatic brain injury

Injuries: Multiple fractures, traumatic brain injury

Tried Before Judge or Jury: Settlement

Recovery: $1.375 million

Date: May 2016

Plaintiff’s Counsel: Marc L. Breakstone, Esq. Breakstone, White & Gluck, PC Boston

Mediator: Paul A. Finn Commonwealth Mediation and Conciliation, Inc.

Other Useful Information

On August 12, 2014, the 77-year-old plaintiff was crossing Dudley Street in Roxbury when he was struck by an MBTA bus. The on-board video showed that plaintiff was visible to the operator of the bus for at least three seconds before the driver took any evasive action to avoid striking plaintiff. Analysis of the video also showed the bus was traveling above the speed limit. Further, the bus driver reported to the MBTA Police that the pedestrian had run out from between parked cars. The video made clear that plaintiff stepped off the corner into the street and did not walk between parked cars. The video also demonstrated that he was not running.

Plaintiff had been a healthy, vibrant retired master barber who lived an active life prior to the incident. Following the incident, plaintiff was hospitalized and/or in rehabilitation hospitals for two months. After his release form the hospital, plaintiff demonstrated significant cognitive decline as a result of his traumatic brain injury.

The case was settled at mediation with Attorney Paul Finn of CMCI.