What's New...
What's New
August 2025 In accidents involving public carriers giving rise to injury about commuter trains, subways, or buses, the governing doctrine is respondeat superior. This is also known as vicarious liability. The legal doctrine holds that the employer answers for the wrongful acts (torts resulting in injury) of the employee. In the instant case, the plaintiff's lawsuit included the New York City Transit Authority and the bus driver.
In this case, the plaintiff was injured when the New York City Transit Authority (NYCTA) bus she was riding struck another vehicle. The Bronx Country Supreme Court entered a September 2022 jury verdict in favor of plaintiff and against defendants (New York Transit Authority, Metropolitan Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority). This resulted in an award to plaintiff of $625,000 for past pain and suffering, $1,530,000 for future pain and suffering, and $1,200,000 for future medical expenses, plus interest, unanimously modified, on the law, to vacate the award of interest and remit the matter to Supreme Court for a recalculation of interest at the rate of 3% per year (date of the verdict used as a reference).
Defendants raised Insurance Law § 5108, holding that charges for health services provided as a result of motor vehicle accident injuries (including buses), as a part of basic economic loss may not exceed the charges under Workers' Compensation fee schedules. The jury on this Bronx County Supreme Court case found that future medical expenses were not excessive. Plaintiff's treating physicians testified to each of the treatments that plaintiff wouldthe The court heard what treatments the injured plaintiff would require, heard reasons why she would require them, and approximated their cost.
The Bronx County court did however find that interest was incorrectly calculated at 9%. For cases against the New York City Transit Authority, under Public Authorities Law § 1212(6), the interest rate applied should have been 3%. See New York Appellate Court decison - 2025 NY Slip Op 01773 [236 AD 3d 571] Appellate Division, First Department
In this case, the plaintiff was injured when the New York City Transit Authority (NYCTA) bus she was riding struck another vehicle. The Bronx Country Supreme Court entered a September 2022 jury verdict in favor of plaintiff and against defendants (New York Transit Authority, Metropolitan Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority). This resulted in an award to plaintiff of $625,000 for past pain and suffering, $1,530,000 for future pain and suffering, and $1,200,000 for future medical expenses, plus interest, unanimously modified, on the law, to vacate the award of interest and remit the matter to Supreme Court for a recalculation of interest at the rate of 3% per year (date of the verdict used as a reference).
Defendants raised Insurance Law § 5108, holding that charges for health services provided as a result of motor vehicle accident injuries (including buses), as a part of basic economic loss may not exceed the charges under Workers' Compensation fee schedules. The jury on this Bronx County Supreme Court case found that future medical expenses were not excessive. Plaintiff's treating physicians testified to each of the treatments that plaintiff wouldthe The court heard what treatments the injured plaintiff would require, heard reasons why she would require them, and approximated their cost.
The Bronx County court did however find that interest was incorrectly calculated at 9%. For cases against the New York City Transit Authority, under Public Authorities Law § 1212(6), the interest rate applied should have been 3%. See New York Appellate Court decison - 2025 NY Slip Op 01773 [236 AD 3d 571] Appellate Division, First Department
