A 39-year-old bicyclist brought a claim against a cab driver for negligently failing to make observations before opening the driver's side door of his parked cab. Defendant?cab driver opened his door into Plaintiff--cyclist, knocking the man off his bicycle and into the roadway. Plaintiff contended that Defendant?bus driver, operating a low riding hybrid bus, also failed to make observations when he drove over Plaintiff and his bike, causing his leg to be jammed up against the tire of the bus. Plaintiff sought damages for the resulting skin graft surgeries and delicate, friable skin condition thereafter. At trial, Plaintiff contended that Defendant--bus driver negligently failed to keep Plaintiff in his view and traveled too close to the parking line and Plaintiff.
The bus went over Plaintiff, trapping him under the bus, pinned by the front right wheel. Plaintiff maintained that although his companion ran alongside the bus yelling for the driver to stop and pounded on the window by the front doors, the bus driver failed to realize that the plaintiff was being pushed by the wheel of the bus, continuing for approximately one?third of a block. Plaintiff contended that finally the waving of arms and shouting of others in front of him caused the driver of the bus to stop. Plaintiff was extricated by the fire department, who had to jack up the bus before Plaintiff could be removed and then taken to the hospital.
Plaintiff suffered extensive degloving injuries of the left leg from knee to his hip and of his left testicle. Plaintiff also sustained fractures of his pelvis and right ankle. Plaintiff maintained that he would permanently be subject to such injuries, and although he attempted to engage in some of his prior activities, he will permanently be precluded from jogging and biking which he greatly enjoyed. The jury found Defendant--bus driver 70% negligent, Defendant--cab driver 30% negligent and declined to assess any comparative negligence against Plaintiff.
VERDICT: $9,185,000. Breakdown: $6,000,000 for past pain and suffering and $3,185,000 for future pain and suffering.
Cropper v. Stewart, et al.
