Trial News

After Blondel Brumfield boarded a double-decker Nassau Inter-County Express bus and ascended to the second level, the bus driver braked hard, causing the bus to jerk forward. Brumfield, 57, fell down the steps to the bus’s lower level. She suffered multiple back injuries, including herniations to her cervical and lumbar spine and bulges to her cervical, lumbar, and thoracic disks. She underwent conservative treatment, pain injections, a cervical diskectomy at C5-6, and spinal fusion surgery at L4-5. She continues to suffer residual pain and has not returned to her job as a student support professional, at which she had earned approximately $50,000 annually.

Brumfield sued the bus operator and Nassau County, alleging liability for the driver’s unusual or violent stop. Suit did not claim past medical expenses.

The defense argued that Brumfield’s preexisting spinal degeneration would have necessitated treatment.

The parties mediated a $600,000 settlement.

Citation: Brumfield v. Nassau Inter-County Express, No. 600478/17 (N.Y. Sup. Ct. Nassau Cnty. Dec. 13, 2018).

Plaintiff counsel: David S. Levy and Moshe Borukh, both of New York City.

Plaintiff experts: Alan Leiken, economics, Stony Brook, N.Y.; Edwin Richter III, physical medicine, Stamford, Conn.; Charles Kincaid, vocational rehabilitation, Hackensack, N.J.; and Michael Winn, radiology, Oceanside, N.Y.

Defense experts: Fred Goldman, economics, and Yong Kim, orthopedic surgery, both of New York City; Tamar Fleischer, life care planning, Bala Cynwyd, Pa.; and Marshall Keilson, neurology, Brooklyn, N.Y.