A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person. The jury held the Transit Authority liable for not stopping the train when the operator had sufficient time to do so
New York, NY (Vocus) February 17, 2009
Smiley & Smiley, LLP, a prominent New York City personal injury law firm, obtained a $3,594,943 verdict on behalf of a 25-year-old man who suffered an amputation of his lower right leg as a result of being run over by a subway train. The verdict was rendered by a Manhattan jury on February 9, 2009 (Supreme Court State of New York Index # 116779/06). The victim was represented by partner Andrew J. Smiley, Esq.
The tragic accident occurred at approximately 1:50am at the 14th Street - Union Square subway station on the southbound local "N" line. Prior to the accident, the victim had been out drinking with friends that evening and remembered getting to the entrance of the subway station, but did not recall any details of the accident or how he ended up on the subway tracks. Blood tests taken at the hospital revealed that he was intoxicated at the time of the accident, with a blood alcohol level of .18%. The Transit Authority claimed that the young man was solely at fault for putting himself in a position of danger on the tracks and claimed that the train operator did not have time to stop upon seeing movement on the tracks. Trial attorney Andrew J. Smiley proved that the train operator saw a "mass" on the tracks from over 180 feet away and that he was required to stop the train upon immediately seeing the unknown object. A Manhattan jury found the Transit Authority negligent and apportioned 35% of the fault to the victim. The jury awarded $3,594,943 to compensate the victim for his pain and suffering and medical expenses.
"A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person. The jury held the Transit Authority liable for not stopping the train when the operator had sufficient time to do so," said Andrew J. Smiley, Esq.
Smiley & Smiley, LLP, a boutique law firm in midtown Manhattan, specializes in representing victims who have suffered catastrophic injury as a result of another's negligence. The firm also represents clients who have sustained serious injuries or wrongful death resulting from medical malpractice, construction accidents, automobile accidents and product liability.
Andrew J. Smiley and his partners at Smiley & Smiley, LLP regularly appear on television news networks to provide legal commentary. Previous appearances on Fox News Network, Good Morning America, TrueTV, Headline News, and MSNBC can be viewed on the media page of the firm's website at smileylaw.com.