New York Law Journal Reveals Key Trial Strategy Behind $182 Million Metro-North Settlement

A newly published article in the New York Law Journal sheds further light on the more than $182 million settlement reached in litigation arising from the deadliest crash in Metro-North Railroad history — a case tried on behalf of approximately 30 plaintiffs by Ben Rubinowitz and Richard Steigman of the New York Personal Injury Law Firm of  Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf.

The settlement, benefiting families of five passengers killed and dozens of others injured, stems from the February 3, 2015 Metro-North collision at the Commerce Street crossing in Valhalla, Westchester County. Rubinowitz said that the individual settlements are confidential.

According to the New York Law Journal, Rubinowitz led the liability trial to ensure consistent verdicts across plaintiffs represented by multiple firms. The trial strategy centered on two critical failures: the train engineer’s decision not to slow despite uncertainty at the crossing, and a uniquely dangerous third rail design that turned the crash into an inferno-like event.

Evidence showed the train was traveling approximately 50 miles per hour and that the engineer applied the emergency brake just three seconds before impact. Testimony established that the engineer observed a reflection on the tracks, admitted doubt about what was blocking the crossing, and nevertheless accelerated—conduct the jury concluded directly increased the severity of the crash.

The jury also credited plaintiffs’ evidence regarding the third rail system. Although designed to break away upon impact, nearly 350 feet of electrified rail tore free, penetrated the first train car, and prevented normal evacuation. Passengers were forced to escape through emergency windows amid fire, smoke, and severe injuries.

After trial, the jury assigned 71% liability to Metro-North for the passengers’ deaths and injuries, rejecting the railroad’s attempt to place sole blame on the SUV driver. Metro-North and the train engineer were also found primarily responsible for the driver’s death.

The New York Law Journal further reported that the National Transportation Safety Board had criticized the third rail design years earlier and that feasible safety modifications were not implemented.