Page 11 - Verdicts and Settlements Hall of Fame: Premises Liability

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Case: Howell v. New York City Transit Authority Attorney: Janet L.H. Smitelli
Firm: Davidson & Cohen, PC, Rockville Centre, NY Date: May 17, 2013
Verdict: $9,000,000
Subway station’s platform gap too wide, injured rider claimed
On Aug. 12, 2009, plaintiff Tamara Howell, 40, a production liaison, fell and injured her leg while she was exiting a subway train stopped at the 149th Street – Grand Concourse station, in the Bronx. Her right leg slipped into a gap that separated the train and one of the station’s platforms.
Howell sued the station’s operator, the New York City Transit Authority (NYCTA), and that agency’s parent, the Metropolitan Transportation Authority (MTA). She alleged that the NYCTA neg- ligently failed to address a dangerous condition that caused her accident, that the agency failed to provide warning of the hazard and that the MTA was vicariously liable for NYCTA’s negligence.
The MTA was dismissed during the trial. The case proceeded against the NYCTA.
Howell’s counsel claimed that she slipped into a gap approximately 12 inches wide, which exceeded the NYCTA’s accepted width for gaps. She also argued that the NYCTA did not provide adequate warnings regarding the gap.
Defense counsel contended that a railcar inspector measured a 3.5 inch gap at the time of the accident, which is within the NYCTA’s accepted limit. Further, the gap was similar to that found in all subway stations and was not unreasonable or dangerous. One of the defense’s expert engineers, Carmelite Cadet, measured the sta- tion’s gaps at less than 4 inches in 2004 and again in 2013. Defense counsel contended that the accident was a result of Howell’s failure to exercise due caution.
Howell sustained crush-induced injuries that included abra- sions, contusions and a hematoma. Firefighters freed her by rocking the train. Howell was placed in an ambulance, and she was transported to St. Barnabas Hospital, in the Bronx. She
underwent minor treatment.
Howell developed a residual infection, and experienced residual swollenness of her right leg. In 2012, a doctor noted that Howell’s right leg had developed a deep vein thrombosis. Howell claimed that the thrombosis was a residual product of the accident. The thrombosis was addressed via the administration of a three-month- long course of anticoagulant medication.
Howell could not work during the week that followed the acci- dent, and was unable to resume full-time work until some eight weeks had passed. She also claimed that her right leg remains painful and that she retains an antalgic gait: a compensatory altera- tion of posture. Howell’s expert orthopedic surgeon opined that Howell suffers chronic post-traumatic lymphedema; cellulitis, which is an acute in ammation of the skin’s connective tissue; phlebitis; and venous stasis, which is an impairment of a vein’s ability to transport blood. The expert recommended a regimen of independent therapeutic exercises, though he opined that Howell’s condition is permanent.
Howell sought recovery of damages for past and future pain and suffering.
The defense’s expert orthopedic surgeon acknowledged that How- ell retains an antalgic gait, but he opined that she has fully recovered in every other regard. Defense counsel contended that Howell’s thrombosis and infection were products of immobility, obesity and other conditions that were not related to the accident. She noted that a thrombosis was not evident during a radiological study that was performed 13 days after the accident.
The jury found that the New York City Transit Authority was liable for the accident. It determined that Howell’s damages totaled $9 mil- lion: $5 million for past and $4 million for future pain and suffering.
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