Federal Jury Hands Down $81.7 Million Verdict to Brazilian Woman Injured by NYC Subway Train
A federal jury has delivered a crushing blow to New York City's Metropolitan Transportation Authority (MTA), ordering it to pay nearly $82 million to a Brazilian woman who was severely injured when she fell onto subway tracks in 2016.
Luisa Janssen Harger Da Silva, then just 21 years old, sued the MTA, claiming that her accident was preventable and avoidable. The train struck her on the B and Q platform at Atlantic Avenue-Barclays Center station, severing her left arm and leg. She spent nearly a month in Bellevue Hospital undergoing multiple surgeries and skin grafts to repair her wounds.
The jury deliberated for only an hour before delivering its verdict, which marks one of the largest settlements ever awarded to an individual by the MTA. Da Silva's lawyer, Elliot Shields, described the outcome as "finally" bringing accountability for what happened to his client, who is now permanently disabled and unable to work due to her injuries.
The lawsuit alleged that the MTA was negligent in not installing platform barriers to prevent people from falling onto the tracks. The agency also failed to adequately study and address the number of fatalities caused by subway trains in New York City, with data suggesting that three to five people are struck by trains every week.
Despite being aware of the risks, the MTA had considered installing screen doors on platforms as far back as 2011, but ultimately decided against it. However, just last year, the agency began installing fixed barriers on sections of platforms at roughly 100 stations, a cheaper solution that still failed to prevent Da Silva's accident.
The verdict has sparked outrage among advocates for subway safety, who point out that the MTA had ample opportunity to install effective safety measures but chose not to do so. "Every rider should feel safe standing on the platform," said Brian Fritsch, associate director of the Permanent Citizens Advisory Committee to the MTA. "Gov. Kathy Hochul has acted decisively on this issue, committing to install platform barriers at more than 100 subway stations by the end of the year."
The MTA has already announced plans to launch a track intrusion technology pilot and resume its platform screen door pilot, but advocates say that these measures are too little, too late. "They knew about this hazard, they knew there were feasible solutions and they did nothing," Shields said. "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 crushing blow to New York City's Metropolitan Transportation Authority (MTA), ordering it to pay nearly $82 million to a Brazilian woman who was severely injured when she fell onto subway tracks in 2016.
Luisa Janssen Harger Da Silva, then just 21 years old, sued the MTA, claiming that her accident was preventable and avoidable. The train struck her on the B and Q platform at Atlantic Avenue-Barclays Center station, severing her left arm and leg. She spent nearly a month in Bellevue Hospital undergoing multiple surgeries and skin grafts to repair her wounds.
The jury deliberated for only an hour before delivering its verdict, which marks one of the largest settlements ever awarded to an individual by the MTA. Da Silva's lawyer, Elliot Shields, described the outcome as "finally" bringing accountability for what happened to his client, who is now permanently disabled and unable to work due to her injuries.
The lawsuit alleged that the MTA was negligent in not installing platform barriers to prevent people from falling onto the tracks. The agency also failed to adequately study and address the number of fatalities caused by subway trains in New York City, with data suggesting that three to five people are struck by trains every week.
Despite being aware of the risks, the MTA had considered installing screen doors on platforms as far back as 2011, but ultimately decided against it. However, just last year, the agency began installing fixed barriers on sections of platforms at roughly 100 stations, a cheaper solution that still failed to prevent Da Silva's accident.
The verdict has sparked outrage among advocates for subway safety, who point out that the MTA had ample opportunity to install effective safety measures but chose not to do so. "Every rider should feel safe standing on the platform," said Brian Fritsch, associate director of the Permanent Citizens Advisory Committee to the MTA. "Gov. Kathy Hochul has acted decisively on this issue, committing to install platform barriers at more than 100 subway stations by the end of the year."
The MTA has already announced plans to launch a track intrusion technology pilot and resume its platform screen door pilot, but advocates say that these measures are too little, too late. "They knew about this hazard, they knew there were feasible solutions and they did nothing," Shields said. "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."
82 million for one person is crazy but you can't put a price on someone's life 
. I mean, it's not like the MTA didn't know about these risks before... they basically knew train-related deaths were happening every week and chose to do nothing 
. Like, installing some basic barriers wouldn't be that hard 
. The fact that they're already planning on launching a pilot program now is just a slap in the face 
. I guess it's better late than never 
. Still, you can't help but think about all those other people who got hurt or killed by the subway and thought nothing would ever happen to them 
.
. It just goes to show that safety can't be just a priority if you're making money off the side 
.
I've got tea on this subway train case... The verdict is super concerning, IMHO 
. It's crazy that the MTA knew about platform barriers since 2011 but didn't install them until now 
. And we're only seeing fixed barriers at like 100 stations? That's still not enough for me 
. She's been through so much and it's not fair that she had to suffer like this. I'm glad her lawyer Elliot Shields was able to get some justice for his client 
, but at what cost? The MTA needs to take responsibility for their negligence and do more to ensure public safety 
.
. It's about time, I guess 
. But did they really learn from their mistakes or are they just trying to deflect attention? 
They've known about this hazard since 2011 and did nothing about it 
I'm literally fuming right now... $81.7 million is just insane! 
. It's not like this woman asked to be injured, she was just minding her own business on the platform 
. Installing screen doors would've been a no-brainer, and now they're trying to say that track intrusion tech is the answer? 
Please, it's too little, too late 
.
The fact that Governor Hochul is stepping up on this issue shows she's willing to listen to her constituents, but we need more action, not just words! 
, but is it too little, too late? 
.