November 10, 2017 •
Jose Cabrera V Elidio Gonzalez and MTA and George Thomas, bus driver.
JUDGE: J Faviolo Soto
ATTORNEYS: . DANIEL C. MINC, of the Law Firm of Rosenberg, Minc, Falkoff and Wolff, LLP., for the plaintiff. Tanisha Byron Esq. TA
Verdict Grants Carberra $5.1 million, TA Slapped 30 percent responsibility: Overrules TA’s paltry offer of $25,000
In a fair verdict on the plea of a badly injured plaintiff, the jury has held out a fair compensation that is 20 times more than what the defendant offered to the injured plaintiff in a motor accident case.
The plaintiff in question, Jose Cabrera, has been awarded a verdict $5.1 million toward medical expenses, considering the enormous disability he was subjected to.
It was a bizarre case of rash driving indulged by a bus driver whose action perpetually incapacitated the motorcycle rider.
According to plaintiff Cabrera, he was a passenger riding on a motorcycle on May 31st, 2013, at 4 pm in the right lane on Westchester Avenue heading South between 156th Street and Forest Avenue in the Bronx.
According to the plaintiff’s submission, the motorcycle was at a modest speed. After finding a double-parked vehicle in the middle of the block that was obstructing the lane view, the motorcycle driver tried to merge into the middle lane to overcome the block. The merging lane was in the same direction and had elevated subway tracks as well.
Cabrera added during the time the motorcycle was merging with the middle lane traffic, he noticed a bus that was three car links behind them in the middle lane. While they were merging into the lane ahead of the bus, the bus was behind them.
Presuming that the bus was at a high speed, it soon caught up with the motorcycle and hit the plaintiff with the front passenger side wheel. The impact pushed the motorcycle to the right direction of the middle lane and it hit a column of the elevated subway tracks.