T policy falls short on injury award
Brain-damaged victim needs full-time care; MBTA weighs appeal
A Middlesex County jury, after deliberating just four hours, awarded $10 million yesterday to a 58-year-old Somerville woman who suffered brain damage when she was hit by an MBTA bus while waiting to get to work.
Louise Scialdone is unable to work and has trouble with her balance and her memory, said her lawyer, Paul Mitchell of Boston. She is sensitive to light and noise and, though formerly an avid reader, she can now handle only third-grade-level material, he said. She has good days and bad ones, Mitchell added.
"She can certainly pick up the phone and give you a call, but she might not be able to tomorrow," said Mitchell, who represented Scialdone at trial with his partner John DeSimone.
With interest, the Massachusetts Bay Transportation Authority now owes Scialdone close to $12.8 million from the date the suit was filed, said her lawyers and the MBTA.
The T's insurance will cover damages only beyond the first $7.5 million, said Joe Pesaturo, a spokesman for the MBTA. The financially troubled agency had already been expecting to run a $75 million deficit in the coming budget year that begins in July.
Pesaturo could not immediately say whether the MBTA will appeal or where the agency would find the money to pay the verdict. He said T lawyers were still reviewing the verdict.
Scialdone will use the money to upgrade her care, which she needs around the clock, at a cost of about $200,000 a year, Mitchell said. She will move from a nursing home to a brain injury rehabilitation center, he said. He would not disclose attorneys' fees.
It was icy on Feb. 4, 2004, when Scialdone, who used a walker because of arthritis, was waiting at a bus stop on McGrath Highway, on her way to her job as a clerk at the Massachusetts Department of Transitional Assistance. The bus driver lost control of the vehicle, fishtailed onto the sidewalk, and knocked Scialdone off her feet, Mitchell said. Scialdone was thrown 5 feet, and her head hit a parked car, Mitchell said. She was knocked unconscious and hospitalized for 13 hours. A week later, she was readmitted for 20 days. She filed the lawsuit 18 months later.
Scialdone's lawyers told the 16-member jury that the bus driver was traveling too fast for the slick roads. A witness estimated that the bus, which was out of service, was moving about 30 miles per hour, the lawyers said.
The T argued that some of Scialdone's injuries were caused by her preexisting arthritic condition. Because of her injuries, Scialdone attended only part of the two-week trial, Mitchell said.
The bus driver who hit Scialdone, Tracy Sullivan, remains on the job, Mitchell said.
Pesaturo, citing policy, would not confirm the driver's name but said she served a one-day suspension before returning to work.
Attempts to reach her through the MBTA were unsuccessful.
Before the case went to trial, Mitchell offered to settle for $9 million, but the T offered no more than $1 million, Mitchell said.
Stephanie Mackesy, Scialdone's daughter, drove from Bennington, N.H., to attend the trial.
She said her mother used to take her 14-year-old grandchild on vacations and day trips to museums, but cannot interact the same way with her 3-year-old granddaughter.
"It's completely ruined my mother's life," said Mackesy.
Noah Bierman can be reached at nbierman@globe.com. 