Unanimous Defense Verdict, Ospina v MTA Bus Company

Partner John V. Wynne obtained a unanimous defendant’s verdict in the Supreme Court, Queens County case of Ospina v MTA Bus Company. Plaintiff, a 47 year old standee on the client’s Q66 bus route, testified that the bus stopped abruptly and violently twice during her ride, causing other passengers to be thrown against her and resulting in a torn rotator cuff as well as other claimed injuries. Mr. Wynne countered that plaintiff remained standing, failed to notify the bus operator, and, coupled with inability to estimate the speed of the bus prior to the stop and absence of other injured passengers, the evidence did not support her claim of the severity of the stops. Injuries: torn rotator cuff with arthroscopic surgery and cervical and lumbar bulging discs. Plaintiff was represented by Marder, Eskessen & Nass. Index Number 23646/2010, Hon Timothy Dufficy presided. Date of verdict: July 23, 2013. Plaintiff’s demand: $150,000; defendant’s offer: $30,000.