NJ Transit Bus Crash With Allegedly Parked Vehicle Nets $1.1 Million Settlement
The defense argued that the physical evidence contradicted the plaintiff's version of events.
October 24, 2024 at 10:11 AM
3 minute read
Personal InjuryA Jersey City man seriously injured when a New Jersey Transit bus hit him while he was waiting in his parked car has settled his claims for $1.1 million.
Waly Florimon-Paulino, 44, was parked at the intersection of 30th Street and Palisade Avenue in Union City on Feb. 19, 2019, when a NJ Transit bus pulled out of the parking spot behind him, sideswiping the front of his vehicle, he alleged in his complaint in Florimon-Paulino v. New Jersey Transit.
Florimon-Paulino sued the bus driver, Norris A. Hodges, and NJ Transit, filing the case in Essex County Superior Court in December 2020. He alleged that he sustained spinal injuries, back and neck pain, and headaches. Some of his injuries included a left disc bulge at C3-C4, disc herniation at several locations, and straightening of the normal lordosis of his lumbar spine. Florimon-Paulino required laminectomies, foraminotomies, a partial facetectomy, and discectomies, according to court documents.
Counsel to the plaintiff, James Vasquez of the Law Offices of James Vasquez in Clifton, said that Florimon-Paulino alleged that Hodges negligently failed to maintain a safe distance from his vehicle, which caused the crash. He also alleged that all of his injuries are permanent and that he can no longer perform many household tasks, run or exercise, and is unable to perform many duties at work.
The plaintiff alleged that he had unpaid medical bills of more than $2 million, a loss of nearly $300,000 in earnings, and life-care plan costs of nearly $1.4 million.
Hodges and NJ Transit disputed Floriman-Paulino's version of the accident. In an arbitration statement, the defendants alleged that the plaintiff was driving a shuttle bus when he pulled into oncoming traffic and collided with a passing NJ Transit bus. The statement said that the physical evidence contradicts Florimon-Paulino's version of events.
"Despite being entirely at fault for the accident, he is now suing for damages," the statement said. "However, NJ Transit bears no fault for the accident, and the plaintiff has no cause of action."
In court documents, NJ Transit said that the physical evidence showed that Florimon-Paulino's vehicle was a distance off the curb and into oncoming traffic and that it was angled significantly into traffic at the time of the crash.
The plaintiff presented experts, including orthopedic surgeon Dr. Scott S. Katzman, vocational expert Gary Young, M.E., biomechanical expert Dr. Michael Freeman, radiologist Dr. Jonathan Athas, and life-care planner Dr. Jennifer Solomon.
The defense experts included liability experts Robert Lynch, P.E., and Robert J. Nobilini, Ph.D., and an independent medical evaluator, Dr. Joseph Dyer.
According to Vasquez, the matter was settled between the parties' attorneys.
"I was glad that the parties reached a fair and amicable resolution to the matter," Vasquez told the Law Journal.
Counsel to NJ Transit and Hodges, Brion D. McGlinn of Ruprecht, Hart, Ricciardulli & Sherman in Westfield, did not immediately respond to a request for comment.
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