Intoxicated Pedestrian's Own Recklessness Found to Be the Sole Cause of his Death When Struck By LIRR Train

In May 2016 a unanimous appellate court in New York dismissed a Queens County lawsuit, even before a trial was held, finding that there was proof that the LIRR had not been careless in operating a train across the Stewart Avenue grade crossing at the Bethpage train station. The pedestrian who had been drinking (and likely lulled into a false sense of security because a train had just passed) ducked under a lowered pedestrian safety gate and walked across the tracks amidst ringing bells, flashing lights and an announcement: "Warning, second train coming." The decedent's blood alcohol level was 0.12% at death. His sister who accompanied him was able to step back out of the way and avoid injury.

It was found as a matter of law (meaning any jury verdict finding for the plaintiff would have to be thrown out) that the decedent's conduct was so reckless that it evidenced a wanton disregard for his own personal safety. Such recklessness severs any causal link between the accident and any alleged negligence of the railroad. Tisdell v. Metropolitan Transportation Authority, Appellate Division, Second Department.

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!


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