Page 28 - Verdicts and Settlements Hall of Fame

MOTOR VEHICLES
VERDICT & SETTLEMENTS
HALL OF FAME
#24
Riding a bike past Union Square sounds like a perfect way to travel on a May day. Sadly, a student’s bicycle ride was inter- rupted by a horrific accident when she found herself under the wheels of a New York City bus.
On May 13, 2010, plaintiff Pilar Ortiz, a 36-year-old student, was cycling on the southbound side of Union Square East near the intersection at East 14th Street. She claims that was struck from behind by an NYC transit bus that was being driven by Elliot Means. She was dragged into the intersection and the bus’s right rear wheel rolled over her.
Ortiz sustained severe injuries to her legs. Due to the acci- dent, she underwent skin grafts to repair her “gloving” wounds that pulled skin off of her legs. The subsequent surgery was a success but far from sightly. She has contraction scars on her legs where the skin is tight which, in turn, limits her motion.
“She suffered very serious permanent injuries including a gloving injury that resulted in permanent injury due to skin
pulled back over a limb,” said Peter J. Saghir, an attorney from Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, who represented Ms. Ortiz with Ben Rubinowitz.
Saghir says that Ortiz was a sympathetic plaintiff and her plight and injuries convinced the jury in her favor. They were also helped by the tactics of the city Transit Authority, said Saghir.
Along the course of the trial, Saghir said he and Rubinowitz “proved numerous lies” by the Transit Authority investigators who examined the incident.
“When the investigators came to the scene immediately after the accident, they claimed that they found marks on the bus that they attributed to the accident; but on cross examination we proved that the marks were on the opposite side of the bus. They were not involved in this accident,” said Saghir.
“Perhaps the jury was displeased with the testimony given by the transit authority witnesses. I think that contributed to a significant award like this,” he said.
A significant award it was: an initial award of $8,750,000 that was marked down to $4.7 million due to comparative finding. “The jury awarded her the full amount and the jury determined that she was partially responsible for the accident and the award is lowered after that,” said Saghir.
With the addition of new bike lanes and public bikes cropping up in locations across Manhattan, Saghir expects other cases like Ortiz’s. “I hope not but with the increase of bicycles and Citibikes people are using bikes more than ever. I am sure it will increase the likelihood of people being involved in these accidents,” he said.
Case: Ortiz v. New York City Transit Authority Attorney: Ben B. Rubinowitz and Peter J. Saghir Firm: Gair, Gair, Conason, Steigman, Mackauf,
Bloom & Rubinowitz Verdict: $8,570,000
By Phil Albinus
26 November 2015