Trial Magazine

Carlos Tricoche, a police officer with the Metropolitan Transportation Authority (MTA), received a call that a water line had burst at a train station. When he arrived at the station, water was dripping off the platform and freezing on the track area. Additionally, a patch of ice had formed on the platform, which was crowded with commuters.

Tricoche and his partner decided to cordon off the area to protect the commuters. While putting up the police tape, Tricoche slipped on a patch of ice, suffering a torn left rotator cuff.

Tricoche underwent surgery and was not cleared for light-duty work until nearly two years later. Unable to return to full duty as a patrolling police officer, he retired.

Tricoche sued the MTA, alleging failure to provide a safe place to work in violation of the Federal Employers’ Liability Act, 45 U.S.C. §51 et seq. The plaintiff asserted that the defendant should have had an employee present who knew how to turn off the water and who could have provided access to salt to prevent slippery conditions due to freezing ice.

The MTA argued that Tricoche would have had to cordon off the icy area regardless of whether he had access to salt or the water shut-off valve.

The jury awarded approximately $292,600, finding the plaintiff 20% liable. The award includes more than $23,900 for the plaintiff’s past lost earnings.

Citation: Tricoche v. Metro. Transp. Auth., No. 17 Civ. 8832 (LLS) (S.D.N.Y. Nov. 25, 2019).

Plaintiff counsel: AAJ member Marc T. Wietzke, Garden City, N.Y.