$2 Million Verdict in Bus-Pedestrian Accident Appealed Again

By Merylee Robbins

Published on August 29, 2005

In 1997 Laidlaw bus driver, Josue Ramos, hit crossing guard, Peter Cortese, 61, with a school bus, inflicting a fatal traumatic head injury. In June of 2004 a jury found Ramos at fault in the accident on the grounds that he did not pay enough attention to the pedestrian cross walk, despite Ramos' statement that Cortese was crossing the street while the "do not walk" signal was lit. The jury awarded the victim's wife, Diana Cortese, $1.3 million for loss of her spouse and $700,000 to compensate for Peter's death and loss of income.

Laidlaw appealed the verdict in August of 2004 citing that the jury in the original trial was unfamiliar with the rules that govern pedestrians -- implying that Cortese was entirely responsible for his own death. Jurors in the first trial were also never able to see Ramos' statement, which explained Cortese's fault in the accident. The second jury found Cortese thirty percent responsible for the accident, and continued to uphold the award from the first trial.

Laidlaw now argues that the $2 million award is excessive and unprecedented, as the portion given to Cortese's widow for loss of companion ship is almost twice the amount granted to recompense for his death and loss of income. The appeal will go to trial this fall.