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Trainspotter

$27.5 million payout for mom who lost leg to bus

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A woman who lost her left leg after being hit by a city bus has been awarded $27.5 million by a Manhattan jury.

 

Gloria Aguilar was on her way back from a housecleaning job in Queens when she was struck by a New York City Transit bus turning off 10th Ave. at the moment she made her way through the 50th St. crosswalk on Nov. 4, 2005.

 

"I did everything right, I had the walk sign and I was in the crosswalk," Aguilar said. "I just never saw the bus until the moment it hit me."

 

Aguilar is now in a wheelchair.

 

"Every aspect of her life has been affected," said her lawyer, Ben Rubinowitz. "She can't even open up a door because the wheelchair won't allow her to."

 

NYC Transit argued that Aguilar was not in the crosswalk when she was hit, that she wasn't paying attention to her surroundings and that she walked into the bus.

 

But the jury sided with Aguilar and found NYC Transit to blame.

 

A spokesman said the agency is going to appeal the verdict.

 

"You can imagine a 40,000-pound bus hitting a woman who weighs 125 pounds - no contest there," Rubinowitz said. "She thought she was dying."

 

An NYC Transit investigation also concluded that bus driver Andrew Monaco failed to properly scan his surroundings before going into the intersection and didn't slow the bus enough before making the turn.

 

An arbitrator later determined that Monaco should be demoted to a nondriving position for two years with the right to apply for reinstatement.

 

The 49-year-old mother of three, who is originally from Honduras, said she sometimes wears a prosthesis from above her left knee.

 

"It's not easy," she said. "But I am alive, and that's what is important."

 

BY Jose Martinez

DAILY NEWS STAFF WRITER

April 17th 2009

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I hope the driver learns to use caution and I hope the lady to learn to watch and use caution for incoming traffic. I wish the best for the lady who lost her leg.

 

Yeah, and also this is bad news for the (MTA) i think. Instead of making money for there losses, they lose money to lol =|

 

Get better miss =)!

 

and wow 27.5$ million dollars?? Thats almost half a billion~!

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NYC Transit argued that Aguilar was not in the crosswalk when she was hit, that she wasn't paying attention to her surroundings and that she walked into the bus.

 

OK, but even with this comes another problem. But fact is, very few people pay any attention to their surrounding in the hustle and bustle borough.......

 

 

An NYC Transit investigation also concluded that bus driver Andrew Monaco failed to properly scan his surroundings before going into the intersection and didn't slow the bus enough before making the turn.

 

An arbitrator later determined that Monaco should be demoted to a nondriving position for two years with the right to apply for reinstatement.

 

 

BY Jose Martinez

DAILY NEWS STAFF WRITER

April 17th 2009

 

This right here is what did it, and why they lost. 5mph, scan, and keep mostly focused on the side you are turning with. Hopefully the drivers mirrors were set up properly too. Do it like they train you to. MTA will fight to keep the driver off the road for good. With a death though, they would be cleaning for the rest of their career (unless they are a newbie on probation)........

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