Appeals Court Throws Out $1.5 Million Verdict Against NYC Transit Authority

Seven years after a 62 year old female subway rider fractured her hip due to the negligence of the train conductor, she finally had her case tried before a jury in 2014 and won. Just today, almost 10years after her accident  - an Appellate Court overturned the jury verdict and directed a retrial before another jury solely on the issue of liability (fault). In March 2007 the plaintiff boarded a subway train and was walking toward her seat when the train suddenly "lurched/jerked" forward propelling her to the floor. The plaintiff suffered a severe hip fracture requiring surgery and a leg crush injury. The Transit Authority said the accident and injuries were the plaintiff's own fault. The Bronx County jury disagreed and awarded the subway rider $1,200,000 for 7 years of past pain and suffering and $300,000 for future pain and suffering over the next 10 years.

On appeal the NYC Transit Authority successfully argued that it was entitled to a new trial on liability only, because the trial judge erroneously allowed into evidence their internal rules on the operation of subway trains. When a corporation or municipality maintains an internal rule which imposes a higher standard of care than required by law, those internal rules may not be revealed to the jury. It's a public policy rationale not to penalize those who demand more from their employees.

The silver lining in this cloud was the Appellate Court's ruling that the amount of damages awarded was reasonable and will stand if the plaintiff wins the liability issue on the retrial. Sebhat v NYCTA, Appellate Division, First Department-November 22, 2016 

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top