Partner Claire Rush Obtains Defense Verdict in High Stakes Damages Case

Partner Claire Rush recently obtained a defense verdict in New York County in a high stakes damages case. Plaintiff was a passenger in a car driven by her son that had a minimal policy. Plaintiff sued her son and the Authority claiming that our client’s bus caused the accident because the defendant bus driver pulled out from a mid-block bus stop on Madison Avenue and struck the co- defendant's car.   Plaintiff argued that the bus crossed into the car’s lane, striking the right-side rear door causing the car to turn in front of the bus which resulted in the car being pushed 20-30 feet. The Authority maintained that the accident occurred in the intersection and was caused by plaintiff making an illegal right turn.   

Plaintiff, 48 years old at the time of this incident, alleged significant injuries, including left shoulder surgery, a right knee arthroscopy, a cervical fusion, and a lumbar laminectomy. Plaintiff allegedly developed failed back syndrome and experienced chronic unremitting pain.  She claimed that the pain rendered her unemployable. Since the lumbar discectomy plaintiff had 4 lumbar electrical stimulator devices inserted. Plaintiff’s demand was $17M. A future life care plan alleged up to $5M in future medical costs.  

Plaintiff identified one of her sons as damages witness on the eve of trial.  Ms. Rush took the son's deposition and elicited testimony that the plaintiff and her defendant son had made declarations against interest that undermined plaintiff's liability position. Through testimony from our client’s bus operator, the responding Police Officer, a passenger on the bus and cross-examination of the codefendant, plaintiff and the non-party witness son, Ms. Rush successfully argued that it was the plaintiff’s son who was the cause of the accident.  

After hearing the evidence, the jury found in favor of our client.  Congratulations to Claire Rush for another phenomenal result.