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9/22/2017 12:11:25 AM
Posted: 9/2/2005 5:01:28 AM EDT

TA must pay her $16M

Immigrant's foot crushed by bus

By JOSE MARTINEZ
and SCOTT SHIFREL
DAILY NEWS STAFF WRITERS

An immigrant mom whose foot was crushed by a bus was awarded an astounding $16.1 million by jurors apparently annoyed that Transit Authority lawyers belittled her injury.
That's more than $3 million a toe for Carmen de la Cruz, but the 33-year-old Dominican immigrant told the Daily News yesterday it's still not enough.

"I don't think this is a huge amount since I don't even have half a life anymore," said the Brooklyn mother of two sons, a 9-year-old and a 9-month-old.

De la Cruz still hobbles around on a cane because of the May 11, 2001, accident.

"My back hurts, my neck hurts, my knees can't take it anymore," she said. "I got two kids and I can't take care of them. I can't go to the job I love."

A former clerk in a discount store who made about $20,000 a year, de la Cruz speaks little English, has a very low IQ and very limited job prospects, said her lawyer, Joshua Pollack.

Still, TA lawyers told jurors that the injury was not that bad and that de la Cruz could get a job as a ticket seller at a movie theater or a parking lot attendant.

"They were minimizing the injury," Pollack said. "I think the jury was insulted by that."

Before the two-week trial in June, the TA offered $150,000 to settle the case, Pollack said. His counteroffer of $1.5 million was rejected by the agency.

TA lawyers did not respond to phone calls yesterday, but Pollack said they have already filed a motion asking Queens Supreme Court Justice Darrell Gavrin to reduce the award, made public yesterday by the Web site VerdictSearch.

De la Cruz was struck by the Q58 bus as she crossed at the corner of Putnam and Myrtle Aves. in Ridgewood, where she lived at the time. It's an intersection without a light or stop sign and the bus struck her in the crosswalk.





For that much money you can break both my feet.
Link Posted: 9/2/2005 5:09:27 AM EDT
Too bad the bus missed the rest of the money grubbing bitch
Link Posted: 9/2/2005 5:11:44 AM EDT
For that much you can have one of my feet.
Link Posted: 9/2/2005 5:14:40 AM EDT
Screw it. I'm gonna go play on the interstate.

Some unlucky bastard is going to hit me and get sued for $1,000,000,000,000,000,000,000,000,000,000,00­0,000,000,000,000,000,000,000.59
Link Posted: 9/2/2005 5:16:16 AM EDT
Good thing the jurors fail to realize THEY are paying her that 16 million.
Where the hell do they think the city gets its money?
I hope they have to have cutbacks which negatively affect the city, that would be sweet irony.
Link Posted: 9/2/2005 5:16:54 AM EDT
So her neck, back and knees hurt from her foot being broken. I guess the old hip bone connected to the knee bone song was right.
Link Posted: 9/2/2005 5:17:02 AM EDT
It's actually the State of New York who pays, not the City -- the MTA is a state agency. But same theory.
Link Posted: 9/2/2005 5:26:30 AM EDT

Originally Posted By Specop_007:
I hope they have to have cutbacks which negatively affect the city, that would be sweet irony.



BZZZ wrong. they'll just raise taxes on the 'rich'.
Link Posted: 9/2/2005 6:51:45 AM EDT
Isan't the point of sueing someone to be made whole again? Not to be made 800 times better than you could have ever been.

Why don't they stick her in a institution, what kind of person steps infront of a bus?
Link Posted: 9/2/2005 6:53:14 AM EDT
Juries... 12 men and women too stupid to get out of it.
Link Posted: 9/2/2005 6:55:50 AM EDT

Originally Posted By go3:
Juries... 12 men and women too stupid to get out of it.



Correction... 12 men and women who WISH it had been them to win the "law-toe"...
Link Posted: 9/2/2005 7:11:40 AM EDT
If it is appealed, the award will be significantly reduced.
Link Posted: 9/2/2005 7:16:47 AM EDT
Usually, civil juries are only 6 people.

I'm not condoning the ridiculous verdict, but it would take one hell of a lot of money before I would agree to loose the use of a foot, hand, arm or leg.
Link Posted: 9/2/2005 7:18:06 AM EDT

Originally Posted By Specop_007:
Good thing the jurors fail to realize THEY are paying her that 16 million.
Where the hell do they think the city gets its money?
I hope they have to have cutbacks which negatively affect the city, that would be sweet irony.



I don't think it matters at all who the plaintiff is in a case. I don't agree with insane judgements except where that would reasonably punish a company/person enough to compel them to take necessary steps to prevent another incident from occurring, but I don't think that where the money comes from should have any bearing on what the award is.

I'm not saying I agree with the award in this case. I am saying that jurors should not care who the plaintiff is or where the judgement money will come from.

Jim
Link Posted: 9/2/2005 7:18:53 AM EDT
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