In Bello v. New York City Transit Authority , the New York City Transit Authority (NYCTA) challenged the recovery awarded to 7-year old Vidal Bello, who was hit by a NYCTA bus driver.
Bello was standing on the curb with a bunch of "rowdy children," when he was pushed into the street and hit by the driver. In addition to fractures to his tibia and fibula, Bello suffered "significant scarring and deformity," and now "walks with a limp" -- which doctors speculated would "get progressively worse as he grows."
After trial, the Bronx County Supreme Court awarded Bello present and future damages totaling $1.5 million.
On appeal, the Appellate Division, First Department, found the driver "should have pulled in further from the curve" and didn't exercise the "proper use of his senses." And since the amount awarded didn't "deviate materially from reasonable compensation," the outcome was affirmed.
Here the AD1 made proper use of its sense by not throwing young Bello a curve ....
To download a copy of the Appellate Division's decision, please use this link: Bello v. New York City Transit Authority