On November 7, 2022, following an 8 day trial, a Brooklyn jury found that the New York City Transit Authority (NYCTA) was negligent for allowing a dangerous snow and ice condition to exist for approximately two days on an exterior staircase to an elevated subway track in the Bronx. The jury awarded the 38 year old female victim/plaintiff $8,000,000 which included $4,000,000 just for her pain and suffering. In denying a post-trial motion to set aside the verdict on February 2, 2023, the Court noted that the NYCTA was not entitled to the defense of a "storm in progress doctrine" as there was no precipitation in the 24 hours prior to the accident. The Court also rejected the NYCTA's argument that the plaintiff was partially at fault for choosing the exterior staircase rather than an elevator reasoning that there were no warning signs posted advising the public to use the elevator.
The plaintiff had a pre-existing back condition and prior surgeries. Subsequent to the accident she underwent a lumbar laminectomy, two lumbar fusion procedures and a cervical discectomy resulting in a debilitating complex pain/post laminectomy syndrome. However, she did resume her employment. Garcia v NYCTA, 2023 WL 2352519