Key Takeaway
$1.5M jury award upheld for bus accident victim with cervical/lumbar disc injuries, torn menisci, and post-concussive syndrome under NY Insurance Law 5102(d).
Castillo v MTA Bus Co., 2018 NY Slip Op 05134 (2d Dept. 2018)
“The plaintiff further testified: “ just slammed me to the back … of the bus … . She drove away at a fast pace and that’s when I landed all the way to the back of the bus in a seated down position with my left leg under me.” According to the plaintiff, her fall was of sufficient force that she lost consciousness.”
“During the damages trial, the plaintiff submitted evidence that she sustained disc bulges in almost the entirety of her cervical spine—C2-3 through C7-T1—resulting in diminished range of motion. She also submitted evidence that she sustained lumbar disc bulges at L3-4 and L5-S1, resulting in left S1 radiculopathy, meaning that a loss of function in the S1 nerve caused weakness and loss of sensation in the plaintiff’s left leg. Further, the plaintiff presented testimony that she sustained torn lateral and medial menisci in her left knee, requiring arthroscopic surgery, and that she may need a knee replacement in the future. Moreover, according to the trial testimony, the plaintiff developed postconcussive syndrome following the accident, and she will experience the effects of postconcussive syndrome for the rest of her life.”
“The jury found that the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d), and awarded her the sum of $500,000 for past pain and suffering and the sum of $1,000,000 for future pain and suffering over 10 years. On November 2, 2015, the Supreme Court entered a judgment in favor of the plaintiff and against the defendant in the principal sum of $1,500,000. The defendant appeals.”
“The award of damages for past and future pain and suffering did not deviate materially from what would be reasonable compensation”
Just let this one sink in for a little bit.
Related Articles
- New York No-Fault Insurance Law
- Personal Injury Practice Areas
- Employment Discrimination
- Contact the Law Office of Jason Tenenbaum
Legal Update (February 2026): Since this 2018 decision, New York courts have continued to develop jurisprudence around serious injury thresholds under Insurance Law § 5102(d), particularly regarding post-concussive syndrome and neurological injuries. Additionally, damage award ranges and jury verdict patterns may have evolved significantly over the past eight years. Practitioners should verify current case law interpretations of the serious injury standard and review recent comparable verdict data when evaluating similar claims.
