Julio, 16, was an outpatient at the Manhattan Children’s Psychiatric Hospital where he attended school every day and got psychiatric counseling and supportive therapy.
One day after school was out, he ran after a City bus, slipped and was run over by the back wheels, sustaining severe injuries including bilateral hip fractures, a torn anus and a shearing injury to his buttock.
The Transit Authority denied liability claiming they weren’t negligent because Julio voluntarily ran after the bus. The City which operated and was responsible for the school, denied liability because they claimed the school day was over and the accident happened off of school property.
Mr. Dansker proved that the City Board of Ed had knowledge of Julio’s poor impulse control (that was one reason he was there in the first place) and their own rules required them to safely put him on a bus. The Transit Authority was liable because the driver saw Julio running and made no effort to slow or stop the bus in violation of their own regulations.
NOTE: This verdict was exceptional in light of the fact that the jury found that Julio was also negligent in causing his accident.