Lucia vs. Metropolitan Dade County

Lipcon, Margulies, Alsina & Winkleman, P.A

Our Verdicts

Delores De Lucia vs. Metropolitan Dade County

Dade County Case No. 82-1930
Judge Maria Korvick

ASSAULT & BATTERY ON MTA BUS: Plaintiff was a bus passenger when she was struck in the eye by a fellow bus passenger. Plaintiff claimed that she was leaving the bus when she brushed the shoes of the fellow passenger. He started cursing at plaintiff; she apologized and moved to the front of the bus to get off. The assailant then spit at the plaintiff, plaintiff turned to the bus operator for help. The bus driver did not do anything. Approximately a minute later the assailant struck the plaintiff in the eye. Plaintiff, 52-year-old white female, on Social Security Disability benefits, suffered a cracked bone in the orbit of the eye, elevated blood pressure and TMJ syndrome. DR. WILLIAM BURTNER testified that although the plaintiff was overweight to start with, the trauma caused her blood pressure to elevate. DR. WILLIAM SCOTT RUSSELL testified as to prior back and neck injuries from another accident.