Partner John V. Wynne, Obtains Favorable Results on Behalf of BMM client, MTA Bus Company, in Two Contested High-Value Cases
The first lawsuit involved a 50-year-old male passenger, who was sitting on the bus when a concrete boom from an adjacent construction site struck the bus at a red light, resulting in a number of injuries to the plaintiff, including lumbar fusion surgery and ankle and knee arthroscopic surgery. The plaintiff alleged the bus operator was negligent in failing to prevent the accident and that he operated the bus in an unsafe manner. Although pressed to participate in early mediation, Mr. Wynne advised the other parties that we would be filing a motion for summary judgment and not contributing to a settlement. Plaintiff's counsel mediated with the codefendant, and the entire case was settled without any contribution from our client.
In the second case, Mr. Wynne secured a dismissal of all claims against the firm’s client MTA Bus Company. In this case, the 39-year-old plaintiff alleged traumatic brain injury caused by a vehicle collision. The plaintiff claimed that the bus operator drove the wrong way down a one-way street and hit a furniture delivery truck as it was backing up after going through a red light. As a result of the impact, the plaintiff was violently thrown from her seat into the interior surfaces of the bus, suffering multiple cognitive injuries. Video footage showed that the plaintiff was confirmed to be on the bus, although Mr. Wynne argued the bus had been stopped at a red light when the codefendant's truck backed into it. Furthermore, the plaintiff was confronted with evidence from her pre-accident medical records during her deposition, which undermined her claims concerning a causal connection. Ultimately, the case was settled in full by the codefendant, with no contribution from the firm's client, MTA Bus Company.
By developing these strategies with the client and strongly communicating our position to the other parties, Barry McTiernan & Moore obtained successful and early dismissal of the claims.