A man from the Bronx who was hit by a city garbage truck while crossing Bruckner Boulevard has secured a substantial $50.7 million verdict from a jury.
Footage from the September 2021 incident captures Darcy Botex, a construction foreman in a white hat and bright orange shirt, returning to his job site after a quick stop at a deli. Suddenly, a vehicle collides with his left arm, causing him to crash onto the sidewalk.
The video shows Botex, now 43, getting back on his feet just as the truck made its left turn.
“The truck nearly ran over my leg. I had to pull it back,” Botex recounted. “I barely escaped. I got hit in the arm and shoulder, which is why I flew like that.”
“My arm turned purple immediately,” he noted.
It took Botex a couple of days before he understood how serious his injuries were.
“I started thinking, wait a minute, I can’t really turn my head,” he reflected.
This father of two has had three surgeries, including procedures on his shoulder and neck, but he continues to experience chronic pain and hasn’t been able to work since the accident.
“You can’t look down or up for too long. It’s exhausting. There isn’t a moment in 24 hours where you don’t feel it,” he explained.
He filed a lawsuit against the city in January 2022 in Bronx Supreme Court, asking for undetermined damages, and the jury delivered an unexpected verdict on October 28th.
Botex expressed, “This verdict feels like a dream come true. It’s not like I’m doing nothing—I can’t support myself and have to rely on my family. Over time, that affects you mentally.”
After years of depending on relatives due to his injury, he intends to use the award to help support his family.
“Mr. Botex has sustained serious injuries that he will deal with for the rest of his life,” said his attorney, Jason Herbert, adding that Botex was supervising 30 workers at the time of the incident.
Meanwhile, Nicholas Paolucci, a spokesperson for the city’s Department of Justice, stated, “We respect but disagree with the jury’s decision, which exceeded what the evidence warranted,” emphasizing that the city posited “comparative negligence” because Botex was using a cellphone during the incident.
