Brooklyn Accident Attorney case victoryJury Awards Over $7 Million to MTA Bus Crash Victims

NEW YORK (1010 WINS) -- Two women injured in a 2005 MTA bus collision in Brooklyn were awarded over $7 million in damages.

Brenda Whaley and Amanda Wade were passengers in a car driving on Ocean Parkway Service Road crossing Avenue U in Brooklyn in July 2005. As they were proceeding across the intersection, they were struck by a Transit Authority bus.

While the bus driver claimed the car ran a stop sign, the driver of the car carrying Whaley and Wade said they stopped at the intersection and the bus ran a red light before hitting them. A jury found the MTA responsible for the accident at a trial held to determine fault.

In a separate trial held last Thursday to assess damages, a jury came to a verdict that awarded Whaley, who sustained six fractures and punctured lungs, $7,250,000. Wade, who was less severely injured, was awarded $250,000.

The attorney for the plaintiffs, Herbert Subin, says that the case could have been settled for $3 million long before Thursday's verdict, but the Transportation Authority refused to budge.

"I am gratified that my clients will be getting appropriate compensation for their injuries," Subin said, "but as a New Yorker I am dismayed that the TA could have saved millions if they acted reasonably in negotiating a settlement."

The Transit Authority plans to appeal to decision.

Brooklyn Personal Injury Attorney Wins Brooklyn Accident Lawyer Case:

MTA Rolls Dice in Lawsuit and Loses
Monday, 01 Mar 2010, 6:02 PM EST
Published : Monday, 01 Mar 2010, 6:02 PM EST

By LINDA SCHMIDT

MYFOXNY.COM - The cash-strapped Metropolitan Transportation Authority gambled big on a lawsuit -- and lost. The agency could have saved $4.5 million by settling with two women who were injured in a car accident with a city bus. Instead, the MTA went to a full trial and lost.

The settlement offer from two women was $3 million. But the MTA refused. Then last week, the jury awarded the women $7.5 million.

So their attorney is saying the MTA is out of control and wasting taxpayers' money.

Brenda Whaley suffered a punctured lung, spent 16 days in the hospital, and underwent 2 surgeries after a New York City bus driver ran a red light and slammed into this car she was in three years ago. Amanda Wade was also in the car; she was hurt, too.

From the beginning the women, said they wanted to settle their lawsuit with the MTA for $3 million -- or even less. Their own lawyer has said the MTA should have settled and saved taxpayer money, especially since the agency is in a financial crisis and proposing cuts to jobs and service.

"I think it's beyond negligent," said Herb Subin, the victim's attorney

The MTA is now appealing the ruling and wouldn't comment on the pending litigation.

James Cohen, an associate professor of law at Fordham University, said that taxpayers should be clearly upset. He said there was strong evidence against the MTA in this case and that its attorneys should have settled when they had the chance.

"Legally they haven't served their client well," Cohen said, "which is the taxpayer, so they haven't done a good job for their client."

Because of the appeal, the two women may not see any money for years -- if at all.

Bus crash victims win 7.5M in New York City Transit suit
BY SAMUEL GOLDSMITH, Daily News
"New York City Transit was ordered to pay a staggering $7.5 million in damages to a pair of Brooklyn women last week for a bus accident, their lawyer said."
Subin associates press coverage for their latest Brooklyn Personal Injury Lawyer case