NEW YORK, July 17, 2024 /PRNewswire/ — In a landmark decision, Ben Rubinowitz and Richard Steigman, lead trial attorneys from the NYC personal injury law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, secured a significant verdict for the passengers of the Metro-North train involved in the tragic accident on February 3, 2015. The Westchester County jury found Metro-North primarily liable for the crash, marking a pivotal moment in the nearly decade-long case.
On February 3, 2015, Ellen Brody inadvertently drove her SUV onto the tracks at the Commerce Street Crossing in Valhalla, where she was struck by a northbound Metro-North train. The collision resulted in the train continuing to move several hundred feet, causing the vehicle to hit the electrified third rail. The third rail then dislodged and penetrated the floor of the first train car, causing multiple fires and extensive destruction. Five passengers as well as the SUV driver died and dozens more were injured in what has become the deadliest crash in Metro-North’s history.
Despite Metro-North’s attempts to place all blame on the motor vehicle driver, the jury determined that the railroad’s negligence was the primary cause of the tragedy
The jury found that Metro-North was negligent in two critical areas: the train engineer’s failure to slow down when he saw the vehicle’s reflection near the tracks and the flawed design of the third rail system, which failed to break away upon impact. Due to this defective design, 343 feet of the third rail pierced the first train car, causing catastrophic damage.
The jury assigned 71% of the blame to Metro-North for the deaths and injuries sustained by the passengers. The remaining 29% of the blame was attributed to Ellen Brody. Metro-North and the train engineer, Steven Smalls, were found 63% responsible for Brody’s death, with Brody herself bearing 37% of the blame.
Ben Rubinowitz, speaking on behalf of the victims’ families, emphasized the importance of the verdict. “This is a tragedy that never should have happened. The jury’s decision highlights the need for Metro-North to implement vital changes to ensure the safety and well-being of all passengers.” Rubinowitz and Steigman, both experienced train accident lawyers, have a long history of advocating for victims in similar cases.
The amount of damages to be awarded to the passengers will be determined in a subsequent trial.
Contact: Ben Rubinowitz, 212-943-1090
SOURCE Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
