NYC Man Wins $90M After Losing Limbs in Subway Accident

NYC Man Wins $90M After Losing Limbs in Subway Accident

Introduction

The MTA could be facing a hefty $90 million payout following a lawsuit in which a Brooklyn man, who was severely injured when a train ran over him after he fell onto the tracks while intoxicated, won a massive judgment.

The plaintiff, a 56-year-old man, lost one of his legs, his hip joint, and most of an arm in the June 2018 incident, leaving him unable to ever work again. The case, which resulted in one of the largest awards ever given to a plaintiff against the MTA, was decided in Brooklyn last month.

Despite the fact that the man had fallen onto the tracks due to heavy drinking, his attorney argued that the train operator’s failure to stop in time was the primary cause of the devastating injury. The lawyer stated that the operator had ample time to prevent the accident but did not follow the MTA's own procedures for emergency situations, such as pulling the emergency brake when alerted by people on the platform.

The incident occurred at the Broadway Junction subway station in East New York. After a night of drinking, the plaintiff fell onto the tracks at the far end, away from where trains typically enter the station. The train operator had over 300 feet to stop before hitting the plaintiff, according to testimony from a former MTA engineer.

This was more than enough distance to stop a train traveling at a speed of 16 miles per hour. Despite several bystanders on the platform frantically waving and trying to alert the operator, the train continued to approach the man. One of the witnesses, a tourist from Brazil, flew back to New York to testify about their attempts to prevent the tragedy.

The train operator admitted during the trial that he saw people waving, but mistook the plaintiff for a bag of garbage. The operator further acknowledged that even if it had been a bag of garbage, he should have stopped the train. The failure to act led to the man’s horrific injuries. He now requires long-term care and will live the rest of his life in a supportive housing facility due to the severity of his leg and hip damage, which makes the use of prosthetics impossible.

While the plaintiff’s drinking was acknowledged, his lawyer argued that this did not change the fact that the situation could have been avoided had the operator acted in accordance with MTA procedures. The lawyer compared it to a scenario in which someone falls onto the tracks for other reasons, such as a medical condition or being pushed. In each case, the proper response would have been for the operator to stop the train immediately.

At trial, experts estimated that the plaintiff's lifetime medical costs could reach $17 million, further emphasizing the devastating impact the accident has had on his life. When the plaintiff learned of the jury’s decision, he was reportedly in tears, reflecting the emotional toll of his ordeal.

The lawsuit, filed nearly a year after the incident, has brought attention to the importance of ensuring safety procedures are followed, particularly when lives are at risk. The MTA, which has already faced scrutiny over this case, will now likely have to pay a significant amount to compensate the victim for both medical expenses and the pain caused by the accident.