On March 16, 2012, Ninoska Morrobel was a seated passenger in a city transit authority bus that struck the rear of another motor vehicle on West Burnside Avenue in the Bronx. Ms. Morrobel, then 41 years old, claimed that she was injured when the impact caused her to be thrown to her right to the adjacent bus seat.

In her lawsuit against the bus driver and the transit authority, Ms. Morrobel’s motion for summary judgment as to liability was granted and the case proceeded to a trial on the issue of damages only. The Bronx County jury awarded plaintiff pain and suffering damages in the sum of $2,155,000 ($625,000 past – 6 3/4 years, $1,530,000 future – 34 years).

In Morrobel v. Alicea (1st Dept. 2025), the judgment was affirmed.

Here are the injury details:

  • Emergency room treatment on day of accident with complaints of neck pain; conservative treatment (physical therapy, injections, etc.) for two years until shoulder surgery on 5/24/12 and spinal surgery two years later.
  • Neck – herniated disc at C5-6 requiring cervical discectomy and interbody fusion surgery
  • Shoulder – ligament tears requiring arthroscopic labral debridement and synovectomy

The defense argued that the accident did not cause the injuries complained of noting that (a) the impact was minimal (the bus driver took his foot of the brake causing the bus to roll forward and tap the other vehicle), (b) plaintiff was ambulatory at the scene and returned to work the next day as a home health aide and (c) plaintiff’s spinal surgery was related to a pre-existing congenital condition of the adjoining disc at C6-7.

Plaintiff claimed that she still had daily severe radiating neck pain and significant restricted ranges of motion that left her (a) unable to resume activities of daily living such as cooking and cleaning her home and (b) needing continuing prescription pain medication and medical treatment.

The jury also awarded and the appellate court affirmed $1,200,000 for future medical expenses. Plaintiff’s treating physicians testified that her injuries are permanent and progressive and she will require extensive future treatment including injections, therapy and revision surgery.

Inside Information:

  • In closing arguments, plaintiff’s attorney asked the jury to award $9,000,000 for plaintiff’s pain and suffering; defense counsel argued that plaintiff was entitled to nothing at all.