Plaintiff, a 51-year-old porter, fell off a subway station platform and was struck by an incoming train. Plaintiff suffered a crushed left leg, amputation of three fingers from his right hand, and amputation of both legs below the knees. Plaintiff alleged the train engineer was negligent because he could have stopped in time to avoid the accident. Plaintiff's visual reaction time expert opined that based on defendant's experience, he should have been able to stop faster. Defendant argued that the accident was the result of plaintiff leaning over the subway platforms. Sidebar: In the prior month the engineer was involved in a similar accident.
VERDICT: $10 million. (Verdict was subsequently reduced by 40% based on comparative-negligence.)
Frederick Simmons v. N.Y.C.T.A. & Metropolitan Transportation Authority, Index no. 309291/08 (Bronx County, New York, Hon. Diane A. Lebedeff, 5/9/11).
