SACS Appellate Group Scores Major Victory On Summary Judgment In Infamous I-95 Bus Crash Litigation
The SACS appellate group scored a major victory in a high exposure mass tort case principally briefed by Tim Capowski, Sofya Uvaydov and Jeremy Rosof in the (notorious) consolidated I-95 Bus Crash Litigation, Index No. 10718/2011 (Sup. Ct. Kings Co.) (Rothenberg, J.). It is also a case of significant public interest, as the Bronx County DA unsuccessfully prosecuted the bus driver in 2012 for this sleeping driver accident that killed 15 passengers and maimed many more (the bus driver claimed he was cut off and struck by a tractor trailer).
Once the over 20 civil plaintiffs later discovered that the bus company had insufficient insurance coverage and no assets, most filed suit against the “deep pocket” truck company and adopted the bus driver’s allegation of tractor trailer involvement. In the court’s 30-page decision, it found the bus driver’s multiple inconsistent versions of alleged tractor trailer involvement were “not credible as a matter of law”, and dismissed all claims against our clients, the tractor trailer company and its driver.
