Boston Jury Awards $3.98 Million in Case Against MBTA; Victim was Pedestrian in Crosswalk

BOSTON-(December 1, 2008)-A Suffolk Superior Court jury today awarded $3.98 million to a South End woman who was run over by Massachusetts Bay Transportation Authority (MBTA) bus on September 12, 2005. The verdict, with interest, exceeds $5.4 million for Rita Traybman, who lost her right leg when it was crushed by the bus. The verdict is believed to be one of the largest ever in Massachusetts for an injury of this kind.

Ms. Traybman’s lawyer, Boston attorney Marc L. Breakstone, said, “This verdict will help Ms. Traybman cope with the terrible injuries she sustained. She will be able to obtain appropriate housing and medical care for her life-long disability.”

The incident occurred when Ms. Traybman, who immigrated to the United States from Ukraine, was struck from behind in a crosswalk at the corner of Washington Street and East Newton Street in Boston. The 58 year old woman was crossing the street with the “Walk” signal and, under Massachusetts law, had the right of way. The jury found that the responsibility for the accident was one hundred percent on the MBTA driver, Lancelot Blake, and on the MBTA.

Mr. Breakstone explained, “Ms. Traybman suffered the loss of her right leg and she continues to suffer daily from extreme pain known as phantom limb pain. Her disabilities make her dependent on others for much of her basic care.”

The case was tried before Superior Court Associate Justice Geraldine Hines. The jury returned its verdict at 2:00 p.m. on December 1, 2008.