The Bronx—New York City’s fourth most populous borough—served as the backdrop for a significant pedestrian injury case resulting in a landmark verdict. National data underscores the dangers pedestrians face: according to the National Highway Traffic Safety Administration data (2021), 16% of pedestrian fatalities occur at intersections with marked or unmarked crosswalks, while an alarming 75% occur at non-intersections. Further highlighting roadway risks, a September 2023 Federal Communications Commission study reported that 325,000 people were injured in traffic collisions involving distracted drivers.
Against this backdrop, on September 7, 2021, a 38-year-old construction foreman and father of two was struck by a New York City sanitation truck while crossing at a Bronx crosswalk. Mr. Bottex subsequently retained Krentsel Guzman Herbert LLP —an accomplished personal injury firm with more than 135 years of combined experience—to pursue his claims. Attorney Jason T. Herbert led the litigation on his behalf.
The foreman filed suit against the City of New York, the New York City Department of Parks and Recreation, and the New York City Department of Sanitation, alleging that the sanitation truck driver’s negligence caused his injuries. Liability and damages were both tried. The Judge granted a directed verdict on liability.
The plaintiff sustained a torn left labrum requiring a Bankart repair, arthroscopic rotator cuff repair, anterior labrum debridement, subacromial decompression with acromioplasty and two spinal fusion surgeries. He also suffered cervical herniations, significant soft-tissue injuries and a lumbar bulging disc. He was unable to return to work, has undergone multiple trigger-point injections, spinal epidural procedures and is expected to require ongoing medical care indefinitely.
Attorney Jason T. Herbert successfully demonstrated that these injuries resulted in permanent lifelong injuries to Mr. Bottex, and he will need future lifelong medical treatment.
Following a thorough presentation of the evidence, the jury found that the plaintiff had sustained severe and permanent injuries. The jury awarded Mr. Bottex $50.7 million in damages.
Advocate Capital is honored to support Krentsel Guzman Herbert, LLP in their continued pursuit of justice and their commitment to improving the lives of individuals and families throughout our communities.
