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MBTA ordered to pay $5.4 million to woman who lost a leg to a T bus

Massachusetts Lawyers Weekly reports a Suffolk Superior Court jury today ruled that a T driver was "100% responsible" for a 2005 accident in which the South End woman was hit by a T bus while she was in a crosswalk at Washington and E. Newton streets. The bus crushed her leg. The jury awarded her $3.98 million; interest makes up the difference.

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Does this woman's prosthesis cost 5 million dollars? Wait...it doesn't? So T users have to pay this woman for nothing? Thanks, legal system!

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I'd say that's worth a fair amount. And there's no question that the T driver was at fault, given that the pedestrian was in a crosswalk with a "Walk" signal. I don't understand your complaint.

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Our justice system has developed a rough formula for calculating the values of items like legs, arms, fingers, sight and cognitive abilities because losing these things in accidents do not only result in direct costs to the victim such as health care, lost wages and rehabilitation but also, loss of use, pain and suffering, and in some cases future income.

The T has liability insurance to cover law suits awards but their premium goes up as the claims accumulate. You can be sure the T's liability insurance company provided lawyers to defend against this law suit.

I don't know the details of this case but the award does not seem outrageous. The driver was found 100% responsible. In other words, but not for the bus driver, the women would have the use of her leg. Has anyone asked, is the driver still on the job? Hopefully, they gave her a desk job (unlike the BPD that told the officer who drove into a baby carriage on a cross walk in JP, who had to go go to class and then continue on in his career as if nothing happened.)

There is case that made its way to the Supreme Court about a lady from Vermont who lost her arm because of the use of an IV medicine at the local clinic. She went to the clinic with a migraine and before she got back home, they had to amputate her arm. The medicine was used properly but it caused a complication that required the doctor to amputate. The women was a professional musician, that is how she provided for herself and her daughter. During the last eight years of Bush, the FDA introduced a new legal concept called 'preemption' which means that once a drug has FDA approval, people who use it and suffer damages as a result cannot sue for damages at local or state level, and that the FDA's approval gives the drug maker protection against product liability claims. It's pretty outrageous.

With the Bush SJC appointees Alito and Roberts, and Kennedy sitting on the bubble, you never know just how the f@#% the Supreme Court will decide... whether corporate profits are protected or whether the average Joe who is harmed by a product will get compensation for damages.

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That's all that the MBTA is going to pay this woman for their careless and neglect that resulted in her being permanently incapacitated?!? I'm admittedly no mathemetician or anything, but I'd be willing to assume that $5.4 million dollars would barely even scratch the surface regarding this woman's medical insurance, hospitalization and rehabilitation expenses, let alone her living expenses. Pretty sickening, imo. What the hell happened to accountability? It's pretty much gone out the window, that's what.

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For T bus drivers to run people down?

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Yup, it's a ton of money, and I too, am not too crazy about money grubbing lawsuits. This isn't one of those, though.
She lost her fucking leg, Will. If I lost a leg, it would severely affect all the things I love to do - cycling, mt biking, hiking, skiing, XC skiing, etc. This is my life, it's what I do with my friends, and how I make new friends. Yes, I could still probably do these things, but the experience would be very different, because of a careless act by someone else.
Frankly, I have no idea what a leg is worth to me when it comes to put a dollar amount to it, but a few million sounds good.

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Its a very disgusting country if it has people who think its disgusting that a woman who lost her leg due to someone else's negligence and irresponsibility doesn't deserve compensation.

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It's not just the cost of a prosthesis and her medical bills. It's the lost income from losing a leg, completely changing her life, and all her future medical bills and issues because of blatant negligence and stupidity.

So yes, an award in this amount makes very much sense.

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It's about $2-$5K for a below-knee prosthesis.
Stick your leg under a train and we'll take up a collection for ya. You're on your own for the above-the-neck problem, though.

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You people are making my point that common sense is against the law in Massachusetts. She deserves money, but not FIVE MILLION. The original three million would have been fine.

Besides, is she really going to see the money anyway? I thought the T was broke. You can't draw blood from a stone. That's like suing me for 5 million dollars. I'm good for about thirty grand. After that, you'll have to put me in a labor camp.

Here's a better idea: Pay the lady for the medical work and the time she missed at her job. As further problems that deserve compensation establish themselves, THEN you charge the T for negligence. That makes perfect sense, which is why it didn't happen.

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The MBTA has liability insurance to cover the $5 million. She'll probably receive all of it over some sort of payment plan from the insurance company. You are just babbling on things you know nothing about.

I don't care if you don't believe in anything other than restorative value in a lawsuit. There's a very real and tangible loss here for this woman who was doing absolutely nothing wrong one day when she lost her leg to someone else's fault. She is owed compensation for her loss and since it's a permanent loss, she's owed future value on what she'll never have now. That's how the world works. If you don't like it, feel free to find a way off.

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The lucky farepayers still get to pay for the increased premium.

I feel badly for the lady, but if my leg was amputated, I'd expect compensation, but if people's fares went up, I wouldn't take the entire sum of money. Maybe that's just me. I hope she invests her money well.

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Bullshit. You'd be the first to whine about how important you are and how your lost work time, reduced earning ability, hassle with disability, and leg were all the most valuable things in the world!

Notice how you aren't even backing anything up here with standard insurance compensation values for lost limbs (my brother works in this area at Standard Insurance and he says this is very much in line, if not a bargain). Nor have you introduced any evidence that the medical bills and rehabilitation costs(lets cut your leg off, give you a peg, and see how you do with out training!) are likely well over a million dollars. A traumatic amputation of a major limb is massively more complicated to treat than a planned one, requires an extensive hospital stay in an intensive care setting to prevent sepsis and clots and emboli, and often needs to be revised to provde an adequate stump for prothesis when the patient is stable and aseptic.

Furthermore, you don't even mention the waste at the MBTA from not settling the claim directly and more economically rather than backing an employee who was CLEARLY IN THE WRONG.

Classic Massachusetts response - blame and shame the victim and the evil courts for increased premiums, but don't bother actually fixing the aggressive scofflaw driver problem to lower the premiums.

Oh, but she can just go marry Paul McCartney and leave the responsible party alone without any penalty or compensation paid for negligence. Silly woman, just get married and leave the taxpayer out of it!

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I'm soooo honorable that I would not only refuse compensation but I'd apologize to the bus driver for getting in the way of his wheel. And I'd bake cookies for everybody on the bus.

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And I'd bake cookies for everybody on the bus... with my one good leg.

Swrrly, you had me at "bullshit".

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Hello people, she lost part of her body, think about it! Look down at your legs and picture one missing. Think about the horrible pain and agony and compare it to the worst you've ever suffered. She deserves every penny. I can't believe some of you people.

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if some == 1. The only unreasonable person here is 'Will LaTulippe'.

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I didn't keep track of who was for and who was against.

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Do you even read the other comments I post around here? I'm the first one to respond with "execute him" or "deport him" when Gaffin posts a crime story. Cite me an example of me "blaming a victim." Go.

Hint: I didn't do it here either. I questioned the legal system without blaming the victim.

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alone in the wilderness on this one Will... except maybe Alito and Roberts

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I wouldn't give up my leg for even twice that much money.

And that's if I had a choice, rather than having the decision made for me by someone else's negligence.

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Getting your leg crushed under a bus is nothing, absolutely. Why, it's hardly more than a papercut! It's not like she's going to be dealing with debilitating pain for the rest of her life or anything!

Your compassion is astounding. Really.

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Let me tell you a few things about my lovely client, the plaintiff in this case. First, she will never be able to wear a prosthesis because the amputation was too close to the hip, and therefore, she does not have a large enough stump on which to fit a prosthesis. Second, she suffers from unremitting phantom limb pain for which she currently takes 3 potent narcotic analgesics for pain. Even with these narcotics, she has breakthrough pain on a daily basis which every expert in the case agreed was totally incapacitating. Third, she has spent more than 180 days over the last three years in hospitals and rehabilitation facilities recovering from the 5 major surgeries she has undergone. Fourth, she will spend the rest of her life in a wheelchair and is unable to even use a walker due to injuries to her arm and shoulder. Fifth, her life, as she knew it ended because a professional bus driver was looking to his right as he turned left and failed to see her almost 30 feet across Washington Street in a crosswalk. Finally, the T got off easy. The woman requires round the clock personal attendance and the jury awarded far less than the amount that would provide for that.

I have represented many people like you sir who have confessed to having views like yours. People who have apologized to me for expressing the belief that the civil justice system over-compensates undeserving plaintiffs. That is until they are badly injured, maimed or disabled by the carelessness of others and then they understand the importance of having access to a lawyer like myself who will take a case on a contingency fee basis where the client pays nothing unless the case is successful. Then the people like you express appreciation for our justice system which allows them an opportunity to present their case to a jury of their peers and to have a competent lawyer who took the case on a hope and a prayer. I hope you never need my services. But if you do, you will certainly cease making the type of uninformed remark that you did on this site.

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Hey, Will, I think you need to hire this guy because you're gonna need a lawsuit to get just compensation for the face you just lost.

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I say Will gets not a dime more than the cost of a facial prosthesis and bus fare to the hospital.

If he's not got enough of a stump left on his face, he should just tough it.

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AHAHA..That is PRICELESS.

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Thanks for weighing in and giving us the facts. I think the T got off very lightly. My best wishes to your client and best of luck to you on the inevitable appeals and foot dragging from the insurance company.

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To say that the MBTA got off very lightly, is, imho, a real understatement!
As I pointed out in an earlier post on this particular thread, the $5.4 million that was finally awarded the unfortunate woman isn't nearly enough to cover her lifetime expenses such as hospitalization, medical care and insurance, rehabilitation expenses, or her living expenses. Without knowing all of the details, I'm aware of the fact that the driver of the MBTA that mowed the woman down and crushed was negligent and dangerously irresponsible. Here's hoping to hell that he's no longer on the job. That schmuck deserves to be fired, no questions asked. Moreover, this is by no means the first time that an MBTA employee has been responsible for permanently injuring an individual, permanently and seriously injuring her, and irrevocably and adversely altering her life.

Does anybody remember the MBTA bus driver sometime ago who drove up on the sidewalk at a bus stop on a wintry morning, hitting a woman on her way to work, catapulting her about 500 feet, and permanently injuring her? The woman was awarded 14 milliion dollars, which still isn't enough for a lifetime of pain, heavy round the clock care, medical and insurance expenses, and/or living expenses. From what I understand, the woman's still on the job, even though she should've also been canned.

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Large vehicles are inherently dangerous, the MBTA operates a lot of vehicles, and there will be accidents.

In general -- not speaking of particular incidents -- I would rather the MBTA erred on the side of assuming fault when compensating victims of accidents, and erred on the side of employees when distributing blame.

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The vast majority of vehicular accidents occur as a result of driving at too great a speed for the existing conditions, and in both of these cases, this was no exception. The bus driver who ended up taking the MBTA Bus up onto the sidewalk, hitting a woman, catapulting her about 500 feet and permanently injuring her and adversely impacting her life obviously skidded, because it was somewhat icy. That MBTA bus driver should've been going much, much slower than she was going. If the fact that most of the MBTA bus and train drivers are responsible enough to reduce their speed under adverse conditions (i. e. snow, ice, rain, fog, at night) is any indication, the fact that this tragic accident occurred is unacceptable.

The MBTA bus driver that ran over the woman in the crosswalk while there was a crosswalk light in her favor on was more than likely speeding, and was unable to stop in time to avoid hitting her. Both of these cases were disgraceful....and unacceptable. When will the MBTA act in the public's interest and do the right thing..by either discipllining or firing the offenders? When there's another fatality? Then it'll be too late.

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Mr. Breakstone, good job giving us the details. Hopefully those who had no compassion for her do now. On another note though, I have heard that the T is self-insured, is that correct?

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What part of "I feel bad for the lady" and "I hope she invests her money well" eluded you people?

Swirly (and everybody else who called me out), I'm sorry that you're not capable of taking my word at face value.

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So T users have to pay this woman for nothing? Thanks, legal system!

We're taking your word at face value. The problem is the value of the face.

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Minds are like parachutes. Just because you've lost yours doesn't mean you can borrow mine. - http://despair.com/sanity.html

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Will, I think it was when you said

So T users have to pay this woman for nothing?

that you lost all of the rest of us. Anything you wrote after that was tainted by the first comment you made.

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...which I often do. She deserves something. Of course, somebody has to pay for it. Basically, it's just like complaining about the weather. It is what it is, but you can't fix it.

Once again, I wish the lady a speedy recovery, and I hope she invests her money well.

And with that, my involvement with this discussion is over.

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I wasn't aware that Glibly = "Through Buttocks"

I think "I hope she invests her money well" is a classic example of how very little you understand about the full cost of this tragedy. She can't invest it - it is already owed to a whole lot of people. You accused her of being greedy, right there (and in other assumptions such as "how much does a prosthesis cost")?

Exactly, who, by the way, should pay for this woman's support if not the MBTA? Who the hell is paying for it now, through various social services?

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I was busy flipping through several Thesauri to figure out whether any of them had a synonym for glib that was remotely near "asinine." Couldn't find it.

Add to the back-handed "I hope she invests her money well" statement the "I wish the lady a speedy recovery" fake well-wishing. Those statements would be the glib part.

News flash, Willie: she ain't growin' her leg back, speedily or otherwise. This isn't a situation one recovers from. It's a situation one lives with, at great expense, for the rest of one's life.

So spare us the spectacle of fake sympathy. It makes you look not just an ass, but an insincere ass.

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You successfully backpedalled about half a foot before you wobbled and fell right over.

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Scar tissue that I wish you saw
Sarcastic mister know it all
Close your eyes and I’ll kiss you ‘cause

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She WON'T have a speedy recovery. She cannot recover from this injury.

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You served your client well. Good job. I'm not going to fault the lawyer here. You didn't make the law, you just researched it.

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This is for you Will LaTulippe. I think your full of shit and have no idea what your talking about. The woman that lost her leg will spend that 5 mil. on surgurey's and medical supplies before she has a dime left for herself. She actulally got a pretty bad deal concidering her injurys. My mother was injured in the exact same way as this woman. As a result of this she can not work so me and my family have been in a living hell of poverty and hospital visits for amost 2 years. I feel that both women in these cases deserve not millions, billoions of dollars for not only thier loss but for their familys too.

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when i got into a motorcycle accident and spent 3 days in the hospital with mild injuries i almost went crazy from basically just laying down all day and staring at either the ceiling or the tv with the horrible channel lineup. people who end up disabled as a result of negligence based disasters lose more than lets say a limb but also valuable time and functionality in what they percieve as a normal life. its not the cost of physical losses or expenses that alot of the money covers. its the fact that someones life was greatly impacted when it didnt have to be. 5.4 million for a crippled existence is dogshit. what good is money when you cant even walk or function without the help of machines and medical personalle? someone being paid for spilling hot coffee on themselves from dunkies is bullshit, a guy sueing a home owner for falling through their roof in an attempted robbery is hilarious/bullshit. but a lost leg and various other damages as a result of a driver at fault is not. screw corporate entities, ill sue them all. lol

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