Comments on: NYC Transit loses $2.3 million verdict http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/ A New York City Subway Blog Mon, 13 Feb 2012 08:03:51 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: MTA a cash register for personal injury claims :: Second Ave. Sagas | A New York City Subway Blog http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-61261 MTA a cash register for personal injury claims :: Second Ave. Sagas | A New York City Subway Blog Thu, 28 May 2009 04:00:30 +0000 http://secondavenuesagas.com/?p=2291#comment-61261 [...] the headlines. In February, for instance, the MTA came out on the wrong end of a case when a jury awarded $2.3 million to a man who lost a leg after falling onto the tracks with a BAC twice the legal limit. In April, a [...] [...] the headlines. In February, for instance, the MTA came out on the wrong end of a case when a jury awarded $2.3 million to a man who lost a leg after falling onto the tracks with a BAC twice the legal limit. In April, a [...]

]]> By: herenthere http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58851 herenthere Fri, 20 Feb 2009 20:29:10 +0000 http://secondavenuesagas.com/?p=2291#comment-58851 America: Land of frivolous lawsuits. America: Land of frivolous lawsuits.

]]> By: CharlesHymowitz http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58830 CharlesHymowitz Fri, 20 Feb 2009 01:55:28 +0000 http://secondavenuesagas.com/?p=2291#comment-58830 Boris - serious cases happen regularly. You just don't hear about them. What distinguishes this case is that it is Transit which makes it appear that it is coming out of our pockets personally. Boris – serious cases happen regularly. You just don’t hear about them. What distinguishes this case is that it is Transit which makes it appear that it is coming out of our pockets personally.

]]> By: Batty http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58821 Batty Thu, 19 Feb 2009 16:50:14 +0000 http://secondavenuesagas.com/?p=2291#comment-58821 While part of agrees with you that would justify this verdict: http://gothamist.com/2009/01/08/prosecutor_drunk_driver_hit_drunk_p.php since she was drunk and "being too drunk to function shouldn’t excuse" I can't do that but IMO these verdicts should have been reversed (no judgment for drunk guy, thrown the book at the hit and run driver). While part of agrees with you that would justify this verdict:

http://gothamist.com/2009/01/0.....runk_p.php

since she was drunk and “being too drunk to function shouldn’t excuse”

I can’t do that but IMO these verdicts should have been reversed (no judgment for drunk guy, thrown the book at the hit and run driver).

]]> By: Benjamin Kabak http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58820 Benjamin Kabak Thu, 19 Feb 2009 16:12:03 +0000 http://secondavenuesagas.com/?p=2291#comment-58820 To respond to point 1: I wasn't clear in the post. I understand how shared liability works. The verdict was actually $3.5 million, reduced by 35 percent to $2.3 million. Still, I find it tough to believe that this guy shouldn't be found at least 50 percent responsible. To respond to point 1: I wasn’t clear in the post. I understand how shared liability works. The verdict was actually $3.5 million, reduced by 35 percent to $2.3 million. Still, I find it tough to believe that this guy shouldn’t be found at least 50 percent responsible.

]]> By: Boris http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58819 Boris Thu, 19 Feb 2009 15:23:03 +0000 http://secondavenuesagas.com/?p=2291#comment-58819 I think the most outrageous thing is that there are no comparable cases for pedestrians hit by cars. There is a pedestrian killed or injured in NYC every few days, sometimes by school buses or other vehicles with an institutional owner who can be easily sued. These cases would also fall under the negligence category, but I have yet to see any kind of civil or criminal case. I think the most outrageous thing is that there are no comparable cases for pedestrians hit by cars. There is a pedestrian killed or injured in NYC every few days, sometimes by school buses or other vehicles with an institutional owner who can be easily sued. These cases would also fall under the negligence category, but I have yet to see any kind of civil or criminal case.

]]> By: rhywun http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58817 rhywun Thu, 19 Feb 2009 13:50:59 +0000 http://secondavenuesagas.com/?p=2291#comment-58817 Cue an unfunded mandate for the MTA to install screen doors in all stations in 3, 2, 1.... Cue an unfunded mandate for the MTA to install screen doors in all stations in 3, 2, 1….

]]> By: CharlesHymowitz http://secondavenuesagas.com/2009/02/19/nyc-transit-loses-23-million-verdict/#comment-58816 CharlesHymowitz Thu, 19 Feb 2009 13:14:40 +0000 http://secondavenuesagas.com/?p=2291#comment-58816 I'm surprised that, as a fledgling attorney, you did not parse or explain the verdict correctly. Allow me (as a proud personal injury attorney) to explain: 1. If the verdict was 2.3 million and the jury finds the plaintiff to be 36% responsible for the happening of the accident, then the verdict is reduced by that amount. That happens as a matter of law. 2. The plaintiff's bar will tell you that the judge has the often exercised right to reduce the verdict and the appellate division has the right to do so, too. They (both parts) regularly, frequently and without rhyme and/or discernible reason reduce verdicts. 3. Transit will appeal. There is no question about it and will not agree to a lower number instead of an appeal. 4. Transit is considered (by many on both sides of the litigation fence, I mean plaintiffs and codefendants) to be a particular nasty, difficult and quite often lying defendant to litigate against with documents hidden or denied, surprise witnesses sprung at the last second and other things. 5. NY County is not plaintiff friendly. Guy Smiley must have put in a hell of a case to get a jury to agree with him. I’m surprised that, as a fledgling attorney, you did not parse or explain the verdict correctly. Allow me (as a proud personal injury attorney) to explain:
1. If the verdict was 2.3 million and the jury finds the plaintiff to be 36% responsible for the happening of the accident, then the verdict is reduced by that amount. That happens as a matter of law.
2. The plaintiff’s bar will tell you that the judge has the often exercised right to reduce the verdict and the appellate division has the right to do so, too. They (both parts) regularly, frequently and without rhyme and/or discernible reason reduce verdicts.
3. Transit will appeal. There is no question about it and will not agree to a lower number instead of an appeal.
4. Transit is considered (by many on both sides of the litigation fence, I mean plaintiffs and codefendants) to be a particular nasty, difficult and quite often lying defendant to litigate against with documents hidden or denied, surprise witnesses sprung at the last second and other things.
5. NY County is not plaintiff friendly. Guy Smiley must have put in a hell of a case to get a jury to agree with him.

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