A man who drunkenly stumbled onto train tracks and sustained life-altering injuries has secured a significant settlement after the train’s operator failed to apply the brakes, resulting in him being run over.
In 2018, 56-year-old Lamont Powell was involved in a harrowing accident that nearly ended in tragedy.
On June 30, 2018, in East New York, Powell accidentally landed on the subway tracks at the Broadway Junction subway station following a night of consuming alcohol.
As a result, he was struck by an approaching train, leading to the loss of one leg, his hip joint, and a significant portion of an arm.
However, after taking legal action against the MTA (Metropolitan Transportation Authority), his attorney, Ira Newman, argued that there was sufficient opportunity for the train operator to stop the train and avoid the accident.
Newman stated: “This is a matter of public safety. This accident never would have happened had the train operator timely pulled an emergency brake according to the MTA’s own rules and regulations when seeing people alerting him to someone on the tracks.”
Last month, the Brooklyn resident emerged victorious in his lawsuit against the MTA, which could result in a payout of up to $90 million.
Powell had fallen at the far end of the tracks, away from the train’s entry point, providing the driver with enough time to halt the train and avoid an impact.
Additionally, as the train approached, people on the platform were vigorously waving, trying to get the operator’s attention to stop the train.
During the trial, a former MTA engineer testified to the jury, explaining that a train traveling at 16 miles per hour requires about 110 feet to stop, while the operator had approximately 360 feet to do so.
Newman remarked: “The train operator admitted that he saw people waving frantically. He thought [Powell] was a bag of garbage.”
In the proceedings, the operator conceded that even with the assumption that Powell was a bag of trash, the emergency brake should have been engaged.
Newman acknowledged that his client had been drinking but argued that Powell fell onto the track in the same manner as if someone had been pushed, fainted, or experienced a seizure.
This ruling against the MTA is one of the most financially severe for the transportation authority.
Earlier this year, in March, a jury awarded a $72.5 million verdict to a cancer patient struck by an MTA bus.
In 2019, an individual paralyzed by a falling railroad tie secured a $110 million verdict.