Victim was dragged more than 20 feet and suffered multiple serious injuries
The MTA is appealing a verdict by a New York jury that awarded $72.5 million to a woman who was hit and dragged by a city bus while she was in a crosswalk at an intersection.
$72.5 million is a lot of money.
You wouldn’t want to acquire it like Aurora Beauchamp did, though. Beauchamp, now 68 years old, was crossing the street in Manhattan in 2017 when she was struck by a Metropolitan Transportation Authority (MTA) bus. The bus dragged her about 20 feet and she was left with severe injuries, including paralysis of her left leg.
Beauchamp had lived her whole life in the City, just blocks from where the accident occurred. She was in a crosswalk at the time while on her way to visit her mother’s apartment. She said she’d crossed that intersection “100 million times in [her] lifetime.”
Yet, as an MTA bus made a right turn, it struck Beauchamp in the crosswalk on a Lower East Side street and dragged her, causing severe injuries. The New York jury apparently agreed with Beauchamp that she was a victim of the bus driver’s negligence because the verdict was one of the largest ever for an MTA bus accident.
The bus driver pleaded guilty to failing to yield to a pedestrian.
Beauchamp lawsuit against MTA for bus accident
It was just before 9pm on March 6, 2017 when Ms. Beauchamp was walking to visit her mother. The MTA bus driven by Eduard Khanimov was turning right onto East Houston Street from Avenue D. It hit Beauchamp, pinning her under the bus for 20 minutes. She remained conscious and saw the bus tire heading right for her head, according to her lawyer.
Beauchamp now uses a wheelchair and has an open wound on her right leg that has remained open since 2017. She also has significant nerve damage to her left leg and suffered a crushed pelvis.
This is one of the largest public verdicts against the transportation agency for a bus accident.
Beauchamp and her husband, Saul, filed a lawsuit against the MTA and the driver. The MTA defended itself from the lawsuit for seven years and then it went to a 30-day trial. It took jurors just three hours to return the verdict.
The jury awarded Mr. and Mrs. Beauchamp $25 million for past pain and suffering, $32 million for future pain and suffering, and $8.5 million for future medical expenses. It also includes $7 million to Saul Beauchamp for past and future loss of services and companionship of his wife.
The driver, Khanimov, still works for the MTA but no longer as a driver; the agency employs him as a cleaner.
The MTA plans to appeal the verdict.
Filing a lawsuit against a public agency
Filing a lawsuit against a public agency, such as the Metropolitan Transit Authority (MTA) in New York City, involves navigating a set of legal procedures that differ from those applied to private entities. The MTA is responsible for public transportation in the New York City metropolitan area and is a crucial part of the daily commute for millions. However, accidents sometimes happen and a person might need to file a lawsuit against the MTA for a bus accident injury.
Sovereign immunity
Sovereign immunity protects government entities and their departments from being sued without their consent. However, in many jurisdictions, including New York, this immunity has been partially waived to allow for certain types of lawsuits to proceed, particularly those involving negligence or contractual disputes.
Notice of claim
The first step in a lawsuit against a public agency like the MTA is typically to file a Notice of Claim. This document notifies the agency of your intention and outlines the basis of your claim. In New York, the Notice of Claim must be filed within 90 days of the incident that gave rise to the lawsuit. This document should include details about the claim, including the time, place, and manner in which the claim arose, as well as the nature of the damages or injuries sustained.
50-h Hearing
The next step after filing a Notice of Claim often involves a hearing, which is permitted under § 50-h of the New York General Municipal Law. This allows the public agency to examine the plaintiff/claimant under oath before the lawsuit is filed. The hearing is for information-gathering purposes and to determine whether the claim could be resolved without involving a lawsuit and the courts. If the claim isn’t resolved after the hearing, then the plaintiff may file a lawsuit.
Statute of limitations
If the claim is not resolved after the Notice of Claim and any subsequent proceedings, the next step is to file a lawsuit in court.
The statute of limitations is the period of time in which you may file a lawsuit. If you miss that window of time, the court can refuse to hear your claim.
In New York, the statute of limitations for a general personal injury negligence lawsuit is three years. A wrongful death claim is two years from the date of death. If the claim is against the city or the state, the plaintiff must file the Notice of Claim within 90 days of the injury and the lawsuit within one year and 90 days after that.
Considerations and challenges
It’s not an easy road ahead to pursue a claim against a large public entity under the umbrella of a city or state. A government agency has a team of lawyers and deep pockets for defense, along with some protections that aren’t available to a private person or company. The procedural rules and timelines for a lawsuit against a government agency are often not the same as a traditional lawsuit against a private company or person.
However, this is not unsurmountable. As evidenced by Aurora Beauchamp’s large verdict from her New York bus accident, there is a possibility that a plaintiff can be successful. If you have any action against a government agency, it’s advisable to seek the guidance of a knowledgeable attorney to assist.