Skip to Main Content
HKD logo
ENG  |  ESP
  • About
    • Jonathan Damashek
    • Jordan Hecht
    • Judd Kleeger
    • Michael Rudick
    • Neal Bass
    • Dylan Leist
    • Matthew Bialor
    • Andrea V. Borden
      (Of Counsel)
  • Practice Areas
    • Practice Areas
      • Personal Injury
      • Construction Accidents
      • Scaffold Accidents
      • Premises Liability
      • Slip, Trip, and Falls
      • MTA Accidents
      • Municipal Liability
      • Pedestrian Accidents
      • Truck Accidents
      • Lyft & Uber Accidents
      • Wrongful Death
      • Car Accidents
      • Bicycle Accidents
      • Child Injuries
      • Defective Products
      • Brain Injuries
      • Spinal Cord Injuries
      • Work Injuries
      • Sexual Abuse Claims
      • Employment Law
    • Need More Help?
      • View All Cases We Handle
  • Practice Areas
    • Personal Injury
    • Construction Accidents
    • Scaffold Accidents
    • Premises Liability
    • Slip, Trip, and Falls
    • MTA Accidents
    • Municipal Liability
    • Pedestrian Accidents
    • Truck Accidents
    • Lyft & Uber Accidents
    • Wrongful Death
    • Car Accidents
    • Bicycle Accidents
    • Child Injuries
    • Defective Products
    • Brain Injuries
    • Spinal Cord Injuries
    • Work Injuries
    • Sexual Abuse Claims
    • Employment Law
    • View All Cases We Handle
  • Results
  • Areas Served
    • New York City
    • Bronx
    • Brooklyn
    • Queens
    • Staten Island
    • Surrounding Counties
  • Testimonials
  • Blog
  • CONTACT

Home » Results » $3,100,000 – Motor Vehicle Collision – Spine and Shoulder Injuries

March 13, 2020

$3,100,000 – Motor Vehicle Collision – Spine and Shoulder Injuries

Categories:
Auto Accidents,

Marcia Hardeman v. NYCTA and Clarence Jackson

Plaintiff, 44 years old, was a passenger on an NYCTA bus that struck the curb as it pulled into a bus stop on Baychester Avenue in the Bronx. At the time, the plaintiff was seated in a front-facing single seat. As a result of the bus striking the curb, the plaintiff’s chest struck the rear of the seat in front of her and then recoiled back into her seat. The Plaintiff did not fall out of her seat following the incident. As a result of the impact, the plaintiff sustained whiplash injuries to her neck and back as well as internal damage to her left shoulder. The Plaintiff left the scene on the next bus and reported to work. However, the plaintiff left work and went to the emergency department complaining of neck and chest pain, where he was treated and released. Ten days following accident plaintiff began a course of conservative treatment. Eventually, the plaintiff underwent cervical spine fusion surgery, pain management treatment to her neck and back and left shoulder surgery.

The plaintiff moved for partial judgment on liability and the motion was granted. The case proceeded to trial on the issue of damages.

Defendants claimed that the impact was a low-speed impact and was so minimal that the injuries could not have been caused by the accident. Defendants retained a biomechanical engineer to testify that the low-speed impact caused a change in velocity of only 1.71 MPH and thus there was no mechanism of injury regarding claims to her neck, back and shoulder injuries. The defendant also claimed that there was minimal property damage to the bus. Defendants also claimed the plaintiff’s complaints were due to degenerative changes and pre-existed the happening of the incident, and thus were unrelated to the accident.

Judd F. Kleeger settled the case just prior to jury selection.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Recent Case Results

$35,000,000.00 – Defective Medical Device – Product Liability $2,500,000.00 – Construction Accident $3,900,000.00 – Construction Accident

All Case Results

Hecht, Kleeger & Damashek, P.C.

Hecht, Kleeger & Damashek, P.C.

19 West 44th Street, Suite 1500
New York, New York 10036

DIRECTIONS

Phone: 212-490-5700

NAVIGATION

  • Personal Injury
  • Construction Accidents
  • MTA Accidents
  • Slip, Trip, and Falls
  • About Us
  • Personal Injury Blog
  • Areas Served
  • Contact

ABOUT THE FIRM

Hecht, Kleeger & Damashek, P.C. is a personal injury law firm located in Midtown-Manhattan, NY. Our top-rated NYC personal injury lawyers have more than 30 years of combined experience and have recovered more than $825 million for our clients. Although we are located in the heart of Midtown near Bryant Park and Grand Central Terminal, our personal injury attorneys serve clients in all five boroughs. If you are located in Manhattan, Queens, Brooklyn, the Bronx, or Staten Island, an injury attorney at our firm is available to assist you 24 hours a day, seven days a week. We offer free initial consultations and work on a contingency fee basis. Call to schedule a free consultation with a personal injury lawyer near you.

© 2025 Hecht, Kleeger & Damashek, P.C. – All Rights Reserved | This website contains Attorney Advertising. Prior results do not guarantee a similar outcome. Disclaimer