Man Struck by Subway Train After Falling on Tracks

Case Overview

This case takes place in New York and involves a man who was struck by a subway train and suffered severe injuries. In the late evening hours, a subway motorman was operating a standard subway train in a major metropolitan area. He was passing through a station with no intention of stopping at that particular station. The plaintiff fell onto the tracks almost two-thirds of the way through the station. The train operator noticed the plaintiff on the tracks as he entered the station. He engaged the breaks and sounded the horn, but the plaintiff was struck. According to computer systems onboard the train, it appears that the train was going more than double the maximum speed limit for that particular section of track. It is alleged that, had the train been moving at the appropriate speed, it would have had enough time to stop before impact.