Greyhound bus crash passenger secures $3.1 million settlement
The case was one of several that stemmed from a 2013 collision on Interstate 80 in central Pennsylvania.
A passenger injured when a Greyhound bus rear-ended a tractor-trailer has settled his claims against the bus company for more than $3.1 million.
The case, Brown v. Greyhound Lines, was one of a cluster of cases being handled in the Philadelphia Court of Common Pleas that stemmed from a 2013 collision on Interstate 80 in Union County in central Pennsylvania. Four of those cases were previously tried as a group to a $5.05 million verdict, which included $2 million in punitive damages.
The plaintiff, Keith Pressman, 55, a rider on the bus, sustained a right hip labral tear and suffered post-concussive syndrome as a result of the collision. However, Pressman’s attorney, Jon Ostroff of Ostroff Law, said Pressman underwent one arthroscopic surgery and did not undergo any subsequent treatment.
According to Ostroff, the punitive damages awarded during the related trial, as well as the threat that ongoing litigation would add damages beyond the insurance carrier’s excess policy limit, added significant bargaining power at the settlement table.
“The fact that we had collateral estoppel so that the jury would be instructed we were awarded punitive damages in the prior trial, that gave a lot of leverage,” Ostroff said. ”It really kind of isolates the power of the verdict, the punitive damages and the leverage with [the carrier] and their policy limits.”
According to court documents from the related 2016 trial, which lasted nearly seven weeks, on Oct. 9, 2013, a Greyhound bus carrying 46 passengers on an overnight route from New York to Cleveland collided with the back of a tractor-trailer owned by C.A.V. Enterprise LLC on Interstate 80 in Union County. The bus was driven by defendant Sabrina Anderson.
Pressman, according to court documents, suffered a right labral tear for which he underwent arthroscopic surgery. Court records said he made a full recovery following the surgery.
Regarding liability arguments, the pretrial memo from the plaintiffs in the related trial said Anderson had not slept enough before leaving for the drive and was driving recklessly. They alleged that Greyhound Lines Inc., her employer, permitted and encouraged her to drive while tired and speeding by establishing an overnight route with insufficient breaks, knowing that its drivers would be pressed for time and unwilling to stop when fatigued. The company’s recklessness put the passengers at risk, the memo said. The plaintiffs also alleged there was sufficient evidence to show Anderson consciously disregarded her fatigue.
In its pretrial memo, Greyhound said a report produced by the Pennsylvania State Police after the accident indicated the truck was driving 16 mph at the time of the accident, 49 mph below the speed limit, and did not have its hazard lights activated. The switch on the trailer that would activate the lights was not functional, the memo said.
Greyhound and Anderson also denied the allegations of recklessness and negligence, noting that Anderson’s paperwork was in order and her vehicle was working, unlike the truck driver and his trailer. The memo said Anderson did not contribute to the accident in any fashion, per the police report.
The jury, however, came back with a verdict of $3.05 million in compensatory damages, as well as $2 million in punitive damages.
Greyhound eventually appealed the verdict to the Superior Court, which upheld the verdict.
Although Greyhound appealed the Superior Court’s ruling, the bus company discontinued its appeal before the Supreme Court on Aug. 16. According to Ostroff, the carrier recently settled those cases. According to Ostroff, the most recent round of settlements have exceeded $9.3 million.
Paul Troy of Kane, Pugh, Knoell, Troy & Kramer represented Greyhound. Troy did not return calls seeking comment.
This piece first published on our sister site, law.com.
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