In the midst of a parking spot dispute on a New York City sidewalk, a 32-year-old delivery man for a flower shop fell victim to an assault. He was struck in the head, propelled into the roadway, and ultimately run over by a passing City bus.

The lawsuit contended that our client was on the ground for approximately 20 seconds before the bus ran over his leg. The bus driver testified to witnessing the assailant assault our client and shove him into the street, with these events lasting about 30 seconds. Additionally, the driver claimed that our client was on the ground for 5-10 seconds before being run over by the bus.

Despite the driver’s assertions of being unable to turn left due to obstructing vehicles, we argued that there was sufficient time for the driver to perceive the assault and prevent contact with our client.

As a result of the accident, our client suffered a below-the-knee amputation of his leg.