A federal jury has ordered the Metropolitan Transportation Authority (MTA) to pay $81.7 million to Luisa Janssen Harger Da Silva, a Brazilian woman who suffered severe injuries after being struck by a subway train in 2016. The verdict, delivered Thursday, found the transit agency negligent, concluding a years-long legal battle for accountability.
Key Takeaways
- A jury awarded Luisa Janssen Harger Da Silva $81.7 million after she lost an arm and a leg in a subway accident.
- The lawsuit accused the MTA of negligence for not installing platform barriers.
- MTA data presented in court showed three to five people are struck by subway trains weekly.
- The MTA plans to appeal the verdict.
Tragic Incident at Atlantic Avenue Station
The incident occurred in 2016 at the Atlantic Avenue-Barclays Center station. Ms. Da Silva, then 21 years old, was on the B and Q train platform with her boyfriend when she fainted. She fell onto the tracks and was subsequently hit by an oncoming train.
The impact resulted in catastrophic injuries. Ms. Da Silva's left arm and left leg were severed. She spent nearly a month at Bellevue Hospital, undergoing multiple surgeries and skin grafts to address her wounds. She is now permanently disabled.
Incident Details
- Date: 2016
- Location: Atlantic Avenue-Barclays Center station
- Victim: Luisa Janssen Harger Da Silva, 21 at the time
- Injuries: Severed left arm and left leg, permanent disability
Jury Finds MTA Negligent
The jury deliberated for approximately one hour before reaching its decision. They found the MTA negligent in its duty to ensure passenger safety. The $81.7 million award reflects the extensive damages suffered by Ms. Da Silva.
"Finally, there was accountability for what happened to her, finally this long road for justice, came to an end after fighting for years," stated Elliot Shields, one of Ms. Da Silva's attorneys, following the verdict. Ms. Da Silva's lawyers reported she was in tears upon hearing the outcome.
The MTA, however, expressed disappointment with the ruling. "We are disappointed in the verdict and intend to appeal," said Tim Minton, an MTA spokesperson.
Platform Barriers and Safety Concerns
Central to the lawsuit was the argument that the incident could have been prevented with the installation of platform barriers. These barriers, which are common in many modern transit systems worldwide, physically separate passengers from the tracks.
The lawsuit also criticized the MTA for failing to adequately study and address the number of people struck by subway trains in New York City. Data obtained during the legal proceedings revealed a sobering statistic: three to five people are struck by subway trains every week.
Platform Safety Debate
The debate over platform barriers has been ongoing for years. Proponents argue they significantly enhance safety by preventing accidental falls and intentional shoves. Opponents often cite cost, infrastructure challenges, and disruption to service as major hurdles.
History of Considering Safety Measures
The MTA has explored platform safety measures in the past. In 2019, the agency commissioned a 3,000-page report examining the feasibility of installing platform doors. This report concluded that widespread installation across the city's 472 subway stations would be too expensive and disruptive.
However, during depositions, Ms. Da Silva's legal team discovered that the MTA had considered installing screen doors as early as 2011. Records showed the agency evaluated five private companies willing to install the equipment for free, in exchange for advertising revenue on the doors.
The issue gained renewed attention in 2022 after Michelle Go, a 40-year-old woman, was fatally pushed in front of a subway train at Times Square. The MTA announced plans for a pilot program to install screen doors at three stations, but these plans did not move forward.
Current MTA Efforts and Future Outlook
Instead of full platform doors, the MTA has installed fixed barriers on sections of platforms at approximately 100 stations over the past year. This solution is considerably cheaper than the automatic opening and closing doors.
"Every rider should feel safe standing on the platform," commented Brian Fritsch, associate director of the Permanent Citizens Advisory Committee to the MTA. "Gov. [Kathy] Hochul has acted decisively on this issue, committing to install platform barriers at more than 100 subway stations by the end of the year and the launch of a track intrusion technology pilot."
Fritsch also urged the MTA to reconsider its platform screen door pilot program. Lawyers for Ms. Da Silva indicated they represent more than a dozen other clients who have been struck by trains and are preparing additional lawsuits against the MTA.
"They knew about this hazard, they knew there were feasible solutions and they did nothing," Shields emphasized. "As a result, our client and thousands of other people in New York over the past few decades have suffered catastrophic injuries or been killed, and it was all preventable."
