On Sept 9, 2014 a $380,000 settlement was reached for our client, a 43 year old magazine executive, who was injured on May 31, 2013, while a passenger in a motor vehicle stuck in a massive traffic jam at Varick and Watts Street, near the entrance to the Holland Tunnel. Our client exited the vehicle to explore the reason for the delay. Upon ascertaining that motor vehicles were making illegal turns and blocking the box and with no NYC traffic officer present, he directed traffic in order to prevent vehicles from making illegal turns and thus alleviate congestion, while placing him in danger.
While some of his efforts were successful the defendant, believing Plaintiff to be a vagrant and fearing for his safety, refused to heed Plaintiff’s instructions and continued with his illegal turn. When Plaintiff realized that this driver was not turning back, he tried to extricate himself from the roadway. However, in doing so the driver inched forward and ran over plaintiff’s right ankle causing a displaced obliquely oriented fracture of the right medial malleolus and tibial plafond with displaced fragment necessitating surgery followed by physical therapy. Plaintiff was incapacitated from work for about six weeks.