Using Mediation to Settle Cases

In Rubio v. New York City Transit Authority, the Appellate Division, First Department reduced a damages award of almost $2.5 million dollars to $1 million for pain and suffering due to a shoulder injury.  Joseph Rubio was boarding a kneeling Transit Authority bus when the steps of the bus rose without warning, causing him to fall forward and hurt his shoulder.  Of note, it was Rubio’s dominant shoulder which was later operated on to repair the subscapularis and supraspinatus.  Rubio also sustained a post-operative infection at the surgical site.  Rubio sued the Transit Authority alleging the bus driver was negligent in his operation of raising the kneeling bus while Rubio was still in the stairwell while boarding.  Notably, Rubio did not report the accident to the police or Transit Authority, nor was an ambulance called to assist Rubio.  Rubio also did not immediately seek medical attention; he went to work and only later went to see his doctor.  Due to these misgivings, the Transit Authority argued that the accident never happened. [Read more…]