Leslie Rodgers, a 40 year old pedestrian was hit by a city bus, last September 23,2003 morning in a pedestrian lane in Gates Avenue at intersection in Franklin Avenue in Brooklyn, New York. The ambulance brought him to a local hospital and was treated for back injuries said to be minor only and was released afterward. After one month, Rodgers underwent a test called Magnetic Resonance Imaging (MRI), and the result found was the thrusting of disc at L5-S1 impingement on the S1 root nerve. Leslie Rodgers undergo conservative treatment, physical therapy two epidural steroid injections and chiropractic treatment (treatment that involves manual therapy including manipulation of the spine, other joints, soft tissues and treatment includes exercises, health and lifestyle counseling).
In 2007 Rodgers underwent Laminatomy, and Diskectomy at L5-S1, a back surgery, the doctor pull out a disc fragment that have been striking the nerve. After the operation Rodgers felt better and improved, but after a few months, but the severe pain returned, and during the trial Rodgers testified that he was in great pain day and night. His attending physician diagnose him that this condition would be permanent, meaning that Rodgers could no longer return to his work. He assists HIV positive ex-convicts find housing at the Fortune Society Institute, and could no longer enjoy playing basketball or running. Rodgers jury's assessment for Pain and Suffering was $1,400,000 ($200,000 past -4 1/2 years; $1,200,000 future- 25 years)
NEW YORK CITY TRANSIT APPEALED:
1) Rodgers had degenerative disc disease before he met the accident and had a OSTEOPHYTE growth in L5-S1 herniation and degeneration of the disc.
2) Rodgers failed to claim in his lawsuit that injuries from the accident was overdue, at least in part to his pre-existing health condition
3) the Judge on trial should not gave instructions to the jury that could award damages for the plaintiff's increased affected to injury.
The Judge of the Court of Appeals agreed with the New York City Transit, and order a new trial vacating the entire jury verdict, Mr Rodgers was awarded $1,000,000 for past and future lost earnings; the Judge told the jury they could award pain and sufferings damages for the injuries and found that his prior physical condition left him greater pain than a healthy person
The defense claimed that the palintiff proceeded to file the case against the City for years, because of the plaintiff's theory, that all his injuries was caused by the accident; but never did he put defense unnoticed that some injuries may have been made worse or due to his condition that left him in the state of pains and trauma. The judge ruled the jury's verdict was improper because it may indicate damages sustained by Rodgers before his accident.
In the new trial, the jury will consider only the new injuries caused by the bus accident and award pain and suffering damages. This means possibility of the defense winning the lawsuit, and Rodgers will have difficulty convincing the jury that he sustained new injuries in view of his preexisting condition.
Information gathered by City Transit:
- that the plaintiff was a drug user and served 12 years imprisonment for participating a kidnapping case, before he met the accident. ( But during his trial Rodgers vs. New York City Transit Authority, he became reproductive member of society, working and student in a Ph.D program at Hunter College).
- that the plaintiff claimed unfair surprise, three days before jury selection, the defense notified plaintiff counsel that a radiologist would testify in defense, that plaintiff had preexisting injury
-The jury divide liability of 80% for the City Transit and 20% for Rodgers, and that dividing liabilities will stand with the new jury and will consider only injuries and amount of damages caused by the bus accident.
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