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$124,000 Awarded in New York Prison Bus Crash

On November 7, 2002, at a bench trial, the New York Court of Claims, Rochester, awarded Evin Lashbrook $124,000. In November 1996, Lashbrook was driving a truck when he was struck from behind by a New York State Department of Correctional Services bus. The impact was so severe it ripped Lashbrook's seat from the floor of the vehicle. At a prior trial the Court found the State of New York 100% liable.

Lashbrooks claimed he suffered cervical and lumbosacral sprains, which prevented him from performing his work as a builder that requires heavy lifting or prolonged standing. The Court found Lashbrook was limited by his physical condition, but not incapacitated by it. While it is logical to assume Lashbrook suffered a diminuation of his income, the Court found no probative evidence to calculate the amount of that loss.

The Court also found that Lashbrook, who owned several properties in the process of being restored at the time of the accident, could not receive damages for his inability to carry out repairs or pay to have them performed, for he could sell the properties to prevent them from diminishing in value. The Court awarded Lashbrook $55,500 for past pain and suffering, and $68,500 for future pain and suffering. Lashbrook was represented by John C. Setright of the Setright & Longstreet Law firm in Syracuse. See: Lashbrooks v. New York, Court of Claims, Rochester, Case No: 95687 (unpublished). g

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Related legal case

Lashbrooks v. New York