NEW
YORK, July 17, 2024 /PRNewswire/ -- In a
landmark decision, Ben
Rubinowitz and Richard
Steigman, lead trial attorneys from the NYC personal injury
law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn,
Steigman & Mackauf, secured a significant verdict for the
passengers of the Metro-North train involved in the tragic accident
on February 3, 2015. The Westchester County jury found Metro-North
primarily liable for the crash, marking a pivotal moment in the
nearly decade-long case.
![With five passengers killed and dozens of others injured, the 2015 Valhalla train crash is the deadliest accident in Metro-North's history. With five passengers killed and dozens of others injured, the 2015 Valhalla train crash is the deadliest accident in Metro-North's history.](https://mma.prnewswire.com/media/2463786/Gair_Gair_Conason_Rubinowitz_Bloom_Hershenhorn_Steigman_and_Mackauf__the_2015_Valhalla_train_crash.jpg)
On February 3, 2015, Ellen Brody inadvertently drove her SUV onto the
tracks at the Commerce Street Crossing in Valhalla, where she was struck by a northbound
Metro-North train. The collision resulted in the train continuing
to move several hundred feet, causing the vehicle to hit the
electrified third rail. The third rail then dislodged and
penetrated the floor of the first train car, causing multiple fires
and extensive destruction. Five passengers as well as the SUV
driver died and dozens more were injured in what has become the
deadliest crash in Metro-North's history.
Despite Metro-North's attempts to place all blame on the
motor vehicle driver, the jury determined that the railroad's
negligence was the primary cause of the tragedy
The jury found that Metro-North was negligent in two critical
areas: the train engineer's failure to slow down when he saw the
vehicle's reflection near the tracks and the flawed design of the
third rail system, which failed to break away upon impact. Due to
this defective design, 343 feet of the third rail pierced the first
train car, causing catastrophic damage.
The jury assigned 71% of the blame to Metro-North for the deaths
and injuries sustained by the passengers. The remaining 29% of the
blame was attributed to Ellen Brody.
Metro-North and the train engineer, Steven
Smalls, were found 63% responsible for Brody's death, with
Brody herself bearing 37% of the blame.
Ben Rubinowitz, speaking on
behalf of the victims' families, emphasized the importance of the
verdict. "This is a tragedy that never should have happened. The
jury's decision highlights the need for Metro-North to implement
vital changes to ensure the safety and well-being of all
passengers." Rubinowitz and Steigman, both experienced train
accident lawyers, have a long history of advocating for victims in
similar cases.
The amount of damages to be awarded to the passengers will be
determined in a subsequent trial.
Contact: Ben Rubinowitz,
212-943-1090
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SOURCE Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn,
Steigman & Mackauf