Brief Factual Summary: In August 2017 a motor vehicle accident occurred on Remsen Avenue between a NYCTA bus and a Nissan Murano owned by defendant Pierce and operated by defendant Small. Plaintiff and co-defendant driver attempted to shift responsibility for the accident to the transit defendants for at least 1% of negligence. The adverse driver claimed that the TA bus proceeding in the same direction struck her vehicle in the right side as she made a right-hand turn. The bus operator testified that the adverse vehicle drifted from left to right into the right travel lane. He blew the horn and applied the brakes, but the adverse motorist continued to move into the right lane. The bus operated steered the bus to the right to avoid contact and came to a complete stop. The right rear corner of the Nissan made contact with the left front corner of the bus. There was a scuff mark at the left front side of the bus bumper. Plaintiff was a passenger on an NYCTA bus seated in the left front side of the bus. Plaintiff claims that he sustained serious injury when the bus make contact with another vehicle traveling at the left front side of the bus. As a result of contact between the vehicles plaintiff claimed that he sustained injury to his left knee that struck a seat panel and injured his lower back and neck. The jury found that the transit defendants were not negligent and rendered a defendant’s verdict.
Jemps Etienne v. MTA, NYCTA, David L Jones, Latifah R. Small & Holly A. Pearce – Index No.:502816/2018 – Kings County Supreme