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Stu Miller and John Hsu Obtain Defense Verdict in Negligence Case against Bus Company and Driver

November 13, 2015

Stuart A. Miller (Partner-White Plains) and John Hsu (Partner-White Plains) obtained a defense verdict in a case in which the plaintiff-bicyclist alleged that the firm’s client bus company and driver were negligent in the operation of their vehicle and caused the plaintiff to become squeezed between the client’s bus and a city transit bus, resulting in the plaintiff falling onto the roadway. The plaintiff claimed to have sustained a compound elbow fracture and tendon tear necessitating an open reduction and internal fixation with insertion of two carbon fiber anchors. He underwent eight months of physical therapy and acupuncture and claims that he will require a future elbow arthroscopy and/or replacement due to arthritis. The bus company commenced a third-party action against the transit authority.
 
Stu and John received this case post-note of issue and almost one year after the transit authority's summary judgment motion as to liability had been granted on default. They succeeded in vacating the default and having the court deny the summary judgment motion. At trial, they argued that the plaintiff's own negligence in riding his bicycle in the middle of the road between two buses was the sole proximate cause of the accident and his injuries. Despite negative inferences regarding the defendant-driver's post-accident drug test results and possible use of a cell phone at the time of the accident, the jury found that the defendant bus company and driver were not negligent in causing or contributing to the accident.
 
Christina Marshall (Associate-White Plains) provided invaluable assistance.

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