A recent jury verdict regarding a 2015 collision between a commuter train and an SUV in suburban New York has determined that the Metro-North Railroad was mostly at fault for the incident. The jury assigned 71% of the liability to the railroad for the deaths of five passengers, injuries to others, and 63% for the death of the SUV driver. The train engineer, Steven Smalls, and the railroad’s oversight of the electrified third rail were also held accountable by the jury for the crash.
In addition to the Metro-North Railroad’s responsibility, the jury found the SUV driver, Ellen Brody, 37% at fault for her own death and 29% for the deaths and injuries of the passengers. The decision regarding any damages to be paid will be determined in a forthcoming trial with no set date yet.
Lawyer Ben Rubinowitz, representing the injured passengers, expressed satisfaction with the verdict and hopes that Metro-North will improve passenger safety measures moving forward. The Metropolitan Transportation Authority, which operates the railroad, disagrees with the verdict and is exploring legal options.
The collision occurred during rush hour on Feb. 3, 2015, in Valhalla, about 20 miles north of New York City, when a Metro-North train collided with Brody’s SUV at a grade crossing. Various factors including the design of the electrified third rail were cited by the National Transportation Safety Board as contributing to the severity of the crash.
While the engineer testified that he blew the horn instead of immediately applying the brake due to concerns about passenger safety, plaintiffs argue that he had a duty to slow down. Brody’s family and attorney believe she was put in danger due to inadequate warning signs, poor crossing design, and the engineer’s failure to react promptly to the situation.
Although a settlement was reached between Smalls and Metro-North for $1 million in 2019, discussions around the responsibility for the crash continue between the involved parties.
