Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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Landmark Verdict in Metro-North Train Crash that Killed 6 and Injured Many

 

Our train accident attorneys represented all the passengers in the Metro North crash that killed 5 and injured dozens

On February 3, 2015, a devastating accident occurred at the Commerce Street Crossing in Valhalla, New York, involving a Metro-North train and a motor vehicle. The tragic incident led to the deaths of five passengers and numerous injuries, marking it as the deadliest crash in Metro-North’s history. After nearly a decade of legal proceedings, a Westchester County jury has delivered a landmark verdict, holding Metro-North primarily liable for the crash.

That evening, Ellen Brody, driving an SUV, inadvertently drove onto the tracks at the Commerce Street Crossing. As a northbound Metro-North train approached, the train struck the vehicle, resulting in a catastrophic sequence of events. The train continued to move several hundred feet post-collision, causing the vehicle to strike the electrified third rail. The third rail dislodged and penetrated the floor of the first train car, igniting multiple fires and causing extensive damage. Tragically, Ellen Brody and five passengers lost their lives, and dozens were injured.

In the aftermath of the crash, the families of the victims and the injured passengers sought justice

Inside the car where our clients got killed during the Metro North crash of 2015Our managing partner Ben Rubinowitz along with senior partner Richard Steigman were the lead trial attorneys for all the passengers involved in the incident. Despite Metro-North’s efforts to place the blame solely on Ellen Brody, the legal team focused on exposing the railroad’s negligence.

Key Points of Negligence

The jury found Metro-North negligent in two critical areas:

  1. Train Engineer’s Failure: The train engineer failed to slow the train down. Despite seeing a reflection at the railroad crossing, the engineer admitted that he had ‘doubt and uncertainty’ as to what was blocking the tracks but accelerated instead of slowing down. This failure contributed significantly to the severity of the crash.
  2. Defective Third Rail Design: The third rail system was designed to break away upon impact, but it failed to do so. Instead, 343 feet of the third rail penetrated the first train car, causing immense damage and loss of life.

Verdict Details

After a thorough trial, the jury assigned 71% of the blame to Metro-North for the deaths and injuries sustained by the passengers. Ellen Brody was attributed with the remaining 29% of the blame. Specifically, for Ellen Brody’s death, Metro-North and the train engineer, Steven Smalls, were found 63% responsible, while Brody herself was assigned 37% of the blame.

Ben Rubinowitz, speaking on behalf of the victims’ families, emphasized the importance of the verdict. “This is a tragedy that never should have happened. The jury’s decision highlights the need for Metro-North to implement vital changes to ensure the safety and well-being of all passengers.”

Alan Brody, Ellen Brody’s husband, expressed his relief at the verdict, hoping it would prompt Metro-North to overhaul their safety protocols.

aerial view of the Metro North crash

The amount of damages to be awarded to the passengers will be determined in a subsequent trial. Metro-North’s spokesperson, Aaron Donovan, indicated the MTA’s disagreement with the verdict and mentioned that they are considering all legal options. Ronald Joseph, an attorney representing Metro-North, indicated he would seek to set aside the jury’s verdict and, perhaps, request a new trial.

The verdict in the Metro-North train crash case is a significant step towards justice for the victims and their families. It underscores the importance of accountability and the need for stringent safety measures to prevent such tragedies in the future. The legal battle may continue, but this decision marks a crucial victory for those who have suffered due to the negligence of Metro-North

See what the husband of Ellen Brody and our attorneys had to say after the verdict