Trial Magazine

Robert Koehler, who was in his late 50s to early 60s, was a police officer for the Metropolitan Transportation Authority (MTA) at Pennsylvania Station in New York City. As Koehler tried to help a state trooper who was holding a robbery suspect, the suspect lifted a metal barrier and tried to strike Koehler, whose arm became stuck under the suspect’s arm, resulting in a torn pectoral muscle and a rotator cuff injury. He required surgery and was forced to retire, incurring $375,000 in lost income.

Koehler sued the MTA under the Federal Employers’ Liability Act, 45 U.S.C. §51, alleging negligence. The plaintiff asserted that the defendant had failed to provide him with a safe place to work and allowed an unsecured barrier to remain at the station. Had the barrier been secured to other barriers or a gate, the plaintiff claimed, the suspect would not have been able to lift it.

The jury awarded $500,000. The court denied the defendant’s post-trial motions.

Citation: Koehler v. Metro. Transp. Auth., No. 2:16CV00003 (E.D.N.Y. Mar. 14, 2023).

Plaintiff counsel: AAJ member Philip J. Dinhofer, Rockville Centre, N.Y.