By Rebecca Henely
A Queens Supreme Court judge has ordered the MTA to pay $20 million over a 24-year period to a Nassau County woman who was left severely disabled in 2009 when a bus struck her while she was crossing a Long Island City street, her lawyer said.
Judge Darrell Gavrin wrote in a June decision that Alfreda Kusz, now 59, and her husband Marian were crossing Jackson Avenue at 23rd Street June 15, 2009, when a Metropolitan Transportation Authority bus driven by Jose Mateo hit her. Gavrin found that although Mateo said he did not see Alfreda Kusz, she obeyed all traffic rules and Mateo was at fault.
Alfreda Kusz had to have her right arm and her right leg below the knee amputated because of the accident and also lost her vision in her right eye, said her attorney, Alan Shapey of Manhattan firm Lipsig, Shapey, Manus & Moveman.
“For the MTA to argue that they’re not at fault is absurd,” Shapey said. “When the sign changes to walk, you’re entitled to cross the street. It’s the bus that has to yield the way to you, not the other way around.”
The MTA did not comment on the case beyond saying that it was planning to appeal.
Gavrin’s decision said Alfreda Kusz waited for the red light to change to green before she began crossing and looked for traffic before she began crossing. When she began to move to the other side of the street, Mateo turned left off 23rd Street onto Jackson Avenue and hit her, court documents said.
Gavrin wrote in his decision that the defendants — the MTA, the MTA Bus Co. and the city Transit Authority — contended that while the traffic and pedestrian signals were in her favor, it is not known whether or not she was actually in the crosswalk.
But the judge said this was irrelevant as pedestrians would have the right away in this situation.
“Although Mateo did not see [Alfreda Kusz] on the corner or in the sidewalk, Mateo was under a duty to see that which, through the proper use of senses, should have been seen,” Gavrin said.
Shapey said if Gavrin’s ruling is upheld on appeal, parts of the $20 million will be paid out through increments over 10 years, while other parts will be paid out over 24 years.
“I would also urge them to pay this judgment as opposed to having to have this woman wait around until the end of the appeal,” Shapey said.
Reach reporter Rebecca Henely by e-mail at rhenely@cnglocal.com or by phone at 718-260-4564.
