Federal Jury Hands Down $81.7 Million Verdict to NYC Subway Victim
A federal jury has delivered a staggering verdict in favor of Luisa Janssen Harger Da Silva, a 21-year-old Brazilian woman who suffered devastating injuries when she fell onto the tracks at the Atlantic Avenue-Barclays Center station in Manhattan in 2016. The MTA must now pay Da Silva nearly $82 million for her catastrophic injuries.
The incident occurred on the B and Q train platform when Da Silva fainted and fell onto the tracks, resulting in the amputation of her left arm and leg. Her lawyer, Elliot Shields, described the moment she heard the verdict as a "long road to justice finally coming to an end."
However, the MTA's response to the incident has been criticized. In 2019, the agency commissioned a report that concluded installing platform doors was too costly and disruptive to implement on all platforms throughout the city's 472 stations. Yet, the MTA had looked into installing screen doors as far back as 2011 and even considered partnering with private companies to install them for free.
The lawsuit claimed that the MTA's inaction was avoidable and that they should have taken steps to prevent people from falling onto the tracks. The jury agreed, ruling the MTA negligent and awarding Da Silva a substantial sum of money. While the MTA has already begun installing fixed barriers on platforms at 100 stations, critics argue that these measures are insufficient.
The case has sparked outrage among advocates who argue that the MTA should have taken proactive steps to address the hazard posed by subway trains. "Every rider should feel safe standing on the platform," said Brian Fritsch, associate director of the Permanent Citizens Advisory Committee to the MTA. The agency has committed to installing platform barriers at more than 100 stations by the end of the year.
However, lawyers for Da Silva have vowed to continue fighting and are preparing to file additional lawsuits against the MTA on behalf of other victims who have been struck by trains. As one lawyer said, "They knew about this hazard, they knew there were feasible solutions, and they did nothing. Our client and thousands of other people in New York over the past few decades have suffered catastrophic injuries or been killed, and it was all preventable."
A federal jury has delivered a staggering verdict in favor of Luisa Janssen Harger Da Silva, a 21-year-old Brazilian woman who suffered devastating injuries when she fell onto the tracks at the Atlantic Avenue-Barclays Center station in Manhattan in 2016. The MTA must now pay Da Silva nearly $82 million for her catastrophic injuries.
The incident occurred on the B and Q train platform when Da Silva fainted and fell onto the tracks, resulting in the amputation of her left arm and leg. Her lawyer, Elliot Shields, described the moment she heard the verdict as a "long road to justice finally coming to an end."
However, the MTA's response to the incident has been criticized. In 2019, the agency commissioned a report that concluded installing platform doors was too costly and disruptive to implement on all platforms throughout the city's 472 stations. Yet, the MTA had looked into installing screen doors as far back as 2011 and even considered partnering with private companies to install them for free.
The lawsuit claimed that the MTA's inaction was avoidable and that they should have taken steps to prevent people from falling onto the tracks. The jury agreed, ruling the MTA negligent and awarding Da Silva a substantial sum of money. While the MTA has already begun installing fixed barriers on platforms at 100 stations, critics argue that these measures are insufficient.
The case has sparked outrage among advocates who argue that the MTA should have taken proactive steps to address the hazard posed by subway trains. "Every rider should feel safe standing on the platform," said Brian Fritsch, associate director of the Permanent Citizens Advisory Committee to the MTA. The agency has committed to installing platform barriers at more than 100 stations by the end of the year.
However, lawyers for Da Silva have vowed to continue fighting and are preparing to file additional lawsuits against the MTA on behalf of other victims who have been struck by trains. As one lawyer said, "They knew about this hazard, they knew there were feasible solutions, and they did nothing. Our client and thousands of other people in New York over the past few decades have suffered catastrophic injuries or been killed, and it was all preventable."