SUPPLEMENTAL VERDICT DIGEST
Transit Authority Negligence
$10,006,477 GROSS VERDICT REDUCED BY 40% COMPARATIVE NEGLIGENCE - TRANSIT AUTHORITY LIABILITY - FAILURE OF TRAIN OPERATOR TO TIMELY REACT TO PATRON WHO FELL ON TRACKS OF ELEVATED SUBWAY IN EARLY MORNING HOURS
AMPUTATION OF THREE MIDDLE FINGERS ON DOMINANT HAND - ABOVE-THE-
KNEE AMPUTATION OF LEFT LEG - BELOW-THE-KNEE AMPUTATION OF RIGHT LEG.
Bronx County, NY
In this action, the 51-year-old plaintiff contended that the defendant’s train operator negligently failed to make adequate observations and activate the emergency brake when he had fallen onto the tracks some 420 feet from the point the train entered the station. The plaintiff contended that as a result, he was run over by the train that came to rest as he was under the third car. The plaintiff contended that he suffered the amputation of the middle three fingers of the right, dominant hand, and severe bilateral crush injuries to the legs, ultimately necessitating the above-the-knee amputation of the left leg and the
The jury found the defendant 60% negligent, the plaintiff 40% comparatively negligent and rendered a gross award of $10,006,477.
Simmons vs. MTA and New York City Transit Authority. Index no. 309291/08; Judge Diane Lebedeff, 05-20- 11.
Attorneys for plaintiff: Alan Shapey, Gerard Lucciola and Derek Sells of Lipsig Shapey Manus & Moverman, PC in New York, NY.
below-the-knee amputation of the right leg.
New York Jury Verdict Review & Analysis