Trial Magazine

Jason Peoples, 25, went to use the New York subway system the day after a snowstorm. As he descended the subway station’s stairwell, he fell. He suffered a herniated disk at C4-5 and bulging disks at C2-4 and C5-6, necessitating surgeries. He also suffered a torn labrum that required arthroscopic surgery. He had been training to become a forklift operator but has not returned to work since the incident.

Peoples sued the New York City Transit Authority, alleging it failed to maintain its subway station by clearing the snow and ice after the snowstorm or closing the steps. The plaintiff presented the defendant’s maintenance worker, who testified that although he had been assigned the task of removing snow and ice from the stairwell, he left the premises without performing the work or notifying anyone that he had done so. The plaintiff did not claim past medical expenses.

The jury awarded $8.05 million.

Citation: Peoples v. New York City Transit Auth., No. 3750/2012 (N.Y. Sup. Ct. Kings Cnty. Oct. 2, 2018).

Plaintiff counsel: AAJ member Thomas P. Valet, Islandia, N.Y.

Plaintiff experts: Debra Dwyer, economics, Stony Brook, N.Y.; George Wright, meteorology, New York City; Jordan Haber, radiology, Dix Hills, N.Y.; and Joseph Carfi, physical medicine, New Hyde Park, N.Y.

Defense experts: Jay Eneman, orthopedic surgery, Long Beach, N.Y.; Marc Katzman, radiology, Lindenhurst, N.Y.; and Steven Roberts, meteorology, Hopewell Junction, N.Y.