Justice Shined Through the Rain in NY Supreme Court
Last updated: July 11, 2018
On a dreary, rainy day in late February, beams of justice shone through. It was a joyous day for the family of a client represented by the firm.
While attempting to cross the street, our client had been struck by a New York City Transit Authority (NYCTA) bus. He sustained a leg fracture that, fortunately, did not require surgery. However, he was not only the victim of this significant collision; he was also a victim of false accusations that he was drunk and wildly stumbled into the bus. Our client did not recall the incident, as he struck his head when falling and was unable to directly refute some of the wild accusations leveled against him.
Here at Raphaelson & Levine, we immediately sought to clear our client’s name, to lay fault where it belonged (namely, at the NYCTA’s doorstep), and to obtain meaningful financial compensation for him. Unfortunately, our client later passed away from unrelated causes. His sister was appointed the administrator of his estate and continued to fight for justice.
Partner Howard Raphaelson conducted an early investigation of all bus passengers. He secured a critical affidavit establishing not only that our client was not drunk, but that the driver was not paying attention and swerved the bus directly into him as he stood near the double yellow line, waiting for the bus to pass so he could continue crossing. A passenger even swore that he screamed, “Look out, look out!” to the driver in hopes of saving our client.
Another member of our team, Jason Krakower, skillfully deposed the bus driver, obtaining damaging admissions that the pedestrian, our client, never entered the bus’s lane and that the bus, in fact, swerved over the double yellow line, striking our client.
The result was the culmination of two years of aggressive team-based litigation. The entire firm worked jointly to ensure justice would be obtained. Partner Andrew Levine created a presentation before the court that compelled the NYCTA to finally accept responsibility.
The firm is overjoyed to obtain this compensation for the deserving family of our client but, more importantly, to clear his name and obtain long-overdue justice.
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