Javerbaum Wurgaft partner Lawrence “Larry” Simon recently secured a $1.9 million settlement in a wrongful death/survivorship action against a municipal bus company in New York City. The victim, in her early 50s, was struck in the crosswalk after she stepped in front of a stopped bus that suddenly began to move. Through carefully planned discovery and investigation, Larry was able to establish that the initial impact was low speed and did not cause the death. An expert opinion supported our claim that the decedent was likely aware of imminent peril and survived for approximately 20 seconds. The defense argued the death was instant, or at most 4 seconds, and that the driver had limited responsibility for the impact. The case was settled at the close of discovery before a trial date was set.
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