Paul M. da Costa Quoted in NJLJ Article, “Bus Company Pays $5 Million in Death of Disabled Child.”

January 14, 2025
By Charles Toutant for New Jersey Law Journal

A school bus company has agreed to pay $5 million to the family of a child with disabilities who died after a school bus attendant allegedly failed to notice the girl was suffocating.

After contacting Montauk Transit, the plaintiffs learned that the company had $5 million in insurance coverage, said Paul da Costa of Sarno da Costa D’Aniello Maceri in Roseland, who represented Williams and the child’s estate. His co-counsel was Steven Wigrizer of Saltz Mongeluzzi Bendesky in Philadelphia, who represented Nash and the estate.

Da Costa credits the defense for not falling into the common practice in personal injury litigation of discounting a recovery when the injured party is a disabled child.

“Despite the little girl being significantly physically and mentally disabled, we feel that the $5 million settlement is a good and fair result, all things considered. We were happy that there were no discounts given just because the little girl was a disabled child. And I think the $5 million settlement reflects that. Disabled children and adults should have their pain and suffering valued equally, ” da Costa said.

“I think there are attempts at times by some defense attorneys and some insurance companies to try and leverage the fact that a child is disabled and therefore may have a limited life expectancy, may not have the ability to live as full of a day-to-day life in their minds as an able-bodied child. But you know, to their credit, the defense in this case was willing to not engage in those types of tactics,” da Costa said.

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