A federal jury has ordered the MTA to pay $81.7 million to Luisa Janssen Hager da Silva, a Brazilian woman severely injured by a subway train in 2016. Da Silva, then 21, claimed the incident was avoidable, as she and her boyfriend fell onto the tracks at the Atlantic Avenue Barclays Center Station. The train severed her left arm and leg, leading to a lengthy hospital stay and multiple surgeries, leaving her permanently disabled.
After approximately an hour of deliberation, the jury found the MTA negligent in failing to install platform barriers to prevent such accidents. Da Silva’s attorney stated she was emotional upon hearing the verdict, marking a significant victory after years of legal struggles. MTA spokesman Tim Minton expressed disappointment with the ruling and plans to appeal.
The lawsuit argued that the MTA neglected to investigate safety issues despite records showing several subway incidents weekly. The MTA previously commissioned a 3,000-page report on the challenges of implementing platform doors across its infrastructure, deeming it too costly. However, during depositions, it was revealed the MTA had considered installing safety screens years earlier with potential funding from advertisers, but no action was taken.
In 2022, the MTA pledged to install platform fencing at over 100 stations and initiate pilot programs for safety technologies. Da Silva’s legal team indicated that more lawsuits from other victims of subway accidents are forthcoming, holding the MTA accountable for its inaction on safety measures to prevent injuries and fatalities over the years.
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