Irvin Liburd v. New York City Transit Authority, MTA Bus and Daphne Morales-Nelson
Type of Injury
The parties negotiated a pretrial settlement. MTA Bus agreed to pay $1.5 million.
On Jan. 15, 2012, plaintiff Irvin Liburd, 51, a carpenter, was driving on the eastbound side of 23rd Avenue, near its intersection at 87th Street, in the East Elmhurst section of Queens. His vehicle’s rear end was struck by a trailing transit bus that was being driven by Daphne Morales-Nelson. Liburd claimed that he sustained injuries of his back and neck.
Liburd sued Morales-Nelson and her bus’s owners, MTA Bus Co. and the New York City Transit Authority. Liburd alleged that Morales-Nelson was negligent in the operation of her vehicle. Liburd further alleged that the remaining defendants were vicariously liable for Morales-Nelson’s actions.
Liburd claimed that the collision occurred while his vehicle was stopped. He claimed that he was uncertain of his surroundings and stopped to seek guidance. He claimed that Morales-Nelson had an adequate opportunity to notice and avoid his vehicle.
Morales-Nelson claimed that Liburd had been stopped alongside a curb. She claimed that he suddenly resumed travel, veered into the path of her bus without having signaled, and decelerated. She claimed that she could not have avoided the collision.