Comments on: MTA a cash register for personal injury claims

By: sugar fields

sugar fields — Tue, 13 Oct 2009 16:31:32 +0000

how long does it take to be awarded a settlement case. I have had one now for almost 2 years, how much longer do I wait? I had an operation. It was not my fault

By: Charles

Charles — Mon, 01 Jun 2009 00:21:23 +0000

As an attorney who deals with the TA (and someone who knows quite a few others)I can tell you that the TA goes out of its way to not settle resolvable matters, to not settle cases where they are clearly at fault and the cases can be settled for reasonable amounts (in light of the injuries suffered, of course). Instead, they take the posture that everything must be tried and therefore, leave themselves open to jury verdicts. Are some of these verdicts sometimes high? The system, of trial level reductions followed by appellate review will usually sort these out.

The TA would have you believe that they are not subject to the laws of the state. How about them following them and reducing their potential liabilty?

By: AlexB

AlexB — Sun, 31 May 2009 20:29:22 +0000

I read about the train operator’s testimony in the post, I think. He said, he saw the guy on the tracks, but wasn’t totally sure it was a person because the tracks are always so dirty, and proceeded.

By: petey

petey — Fri, 29 May 2009 12:17:29 +0000

right, thanks

By: Phil

Phil — Fri, 29 May 2009 04:40:09 +0000

When it come to the guy who was drunk and fell onto the tracks, it was NOT about how he saw him and just didn’t want to stop. It was about how one guy (the train operator) saying that he saw a big piece of trash on the tracks but didn’t think it was a person until it was too late.

There whole case hung on the fact that a train opertor should stop the train when he sees any big object. Now I want anybody here to ride in the front of a train and tell me that they do not see any large lumps of trash, clohes, and other sorts of stuff on the tracks. I know transit can do a better ob at cleaning the tracks, but come on, there is no way a system like this can be totally free of any large debree

Even if you say it is partically transits fault, should it really been 60%+ thier fault? Does a guy who is driving at 30ph see the drunk guy jaywalking too late because he didn’t think it was a person until its too late 60+ percent at fault?

The MTA rep, and probably the rep of the workers is the reason why they lost the case, not because of the train operator not stopping for large objects on tracks.

By: Carla

Carla — Fri, 29 May 2009 00:02:49 +0000

Ben, aren’t you an actual law student, not just aspiring? Otherwise it’s kinda weird that you were at the law school all the time…

By: Benjamin Kabak

Benjamin Kabak — Thu, 28 May 2009 19:41:40 +0000

That’s correct. That’s why his is not really a representative case. I think Avif makes a good point above though: We can’t just allow the MTA to be negligent. That’s always the debate when it comes to tort reform.

By: Red

Red — Thu, 28 May 2009 19:34:42 +0000

I believe the train operator saw Dibble on the tracks but thought the body was garbage. So those two statements are consistent.

By: petey

petey — Thu, 28 May 2009 18:44:36 +0000

i’m none the wiser.
“The train operator saw him on the tracks and made a conscious decision to not stop the train.”

“If the tracks were consistently clean, the train operator would have seen Dustin Dibble on the tracks and stopped the train…”

By: Another Opening, Another Store - City Room Blog - NYTimes.com

Another Opening, Another Store - City Room Blog - NYTimes.com — Thu, 28 May 2009 16:19:45 +0000

[...] Transportation Authority is ailing — and fed up with paying — after several personal injury claims cost the operation $57.6 million last year. [Second Ave. [...]