A man who fell onto train tracks while intoxicated and suffered severe, life-changing injuries has been awarded a large settlement after the train driver failed to stop in time. In 2018, 56-year-old Lamont Powell was involved in a serious accident at Broadway Junction station in East New York on June 30, following an evening of drinking.
Powell was struck by a train, resulting in the loss of a leg, a hip joint, and most of one arm. After filing a lawsuit against the Metropolitan Transportation Authority (MTA), Powell’s attorney, Ira Newman, argued that the train operator had sufficient time to stop and prevent the incident.
Newman stated, “This is a public safety issue. The accident could have been avoided if the train operator had used the emergency brake, as required by MTA guidelines, when alerted to someone on the tracks.”
In late September, Powell won the case against the MTA, potentially leading to a $90 million settlement. Powell had fallen near the end of the tracks, far enough from where the train enters, giving the operator enough time to stop. Bystanders on the platform were waving desperately to alert the driver. A former MTA engineer testified that a train traveling at 16 mph needs around 110 feet to stop, while the operator had about 360 feet to react.
Newman noted that the train operator admitted seeing people waving frantically but mistook Powell for a bag of garbage. During the trial, the operator acknowledged that he should have applied the emergency brake, even if he believed Powell was trash.
While Newman acknowledged Powell had been drinking, he emphasized that anyone could end up on the tracks, whether by fainting or being pushed. This case is among the MTA’s most expensive rulings. Earlier this year, jurors awarded $72.5 million to a cancer patient hit by an MTA bus, and in 2019, a young man was awarded $110 million after being paralyzed by a falling railroad tie.