Trial Magazine

Jia Huan Xu, 15, was crossing the street in a pedestrian crosswalk at a Brooklyn intersection when she was struck by a New York City Transit Authority bus that was turning left from the opposite direction. The bus stopped while one of the vehicle’s front tires was on Xu’s left thigh. It took 15 minutes for the bus to be lifted off Xu, who suffered severe degloving injuries necessitating multiple surgeries, including skin graft procedures. She continues to suffer from physical limitations.

Xu sued the New York City Transit Authority, alleging the bus driver failed to yield to Xu while she was in the pedestrian crosswalk. The defense argued that Xu should have seen the bus and taken evasive action.

The parties settled for $7.5 million.

Citation: Xu v. New York City Transit Auth., No. 10958/2015 (N.Y. Sup. Ct. Kings Cty. May 2019).

Plaintiff counsel: AAJ member James C. Napoli, New York City.