Brooklyn Mother Sues MTA in Son's Subway Tunnel Death

[mark1447]

A Brooklyn mother is suing the Metropolitan Transit Authority for $50 million in damages after her son was killed by an oncoming train 200 feet inside a subway tunnel last November.

 

Briant Rowe, 24, of East Flatbush, died on Nov. 19, after a northbound 5 train ran him over on its way to the Newkirk Avenue subway platform.

 

According to Rowe’s sister, a booth clerk saw Rowe wandering on the subway tracks and called for the subway tunnel to be closed for a search. When that search turned up no sign of Rowe, the tunnel was reopened.

 

Rowe was hit by the train at 7:33 a.m., according to the police report.

 

“He was not searched for long enough,” said Yunette Rowe.

 

Citing discussions with NYPD investigators, the Rowe family said the search lasted about 40 minutes and involved an out-of-service subway car that slowly rolled up and down the tracks.

 

“They said they took 40 minutes to search for him, but when somebody is dead, they take six hours to close down the station,” said Marva Nelson, Rowe’s mother. "I can’t get past that. That one hurts me so much."

 

A spokesperson for the Metropolitan Transit Authority declined to comment on the length and manner of the search because of pending litigation.

 

Roger Archibald, an attorney representing the Rowe family, said any search for a person thought to be wandering on the subway tracks should include a canvass on foot inside the tunnel.

 

“A more appropriate search under the circumstances from our point of view would have been to go on foot with flashlights and to shut the system down and find this individual,” Archibald said.

 

Brooklyn Mother Sues MTA in Son's Subway Tunnel Death | NBC New York

[Wallyhorse]

Did anyone really not expect this?

 

No shock at all in this day and age.

[Joe From Greenpernt]

That's the ticket. Absolve everyone from taking responsibility for their actions. This is the "Stupidity Pays" lottery many look forward to. After all, it is the government's responsibility/obligation to think for you, right?

 

The only thing worse than someone getting killed because of self inflicted stupidity due to the complete absence of anything remotely resembling common sense is when the family tries to cash in on it. What are the possible reasons that the shyster representing the family will throw out:

 

1. there aren't enough safeguards in place to prevent someone from entering the tunnels

 

2. there weren't any signs warning against engaging in such dangerous activity

 

3. nobody told him that he wasn't allowed on the tracks, or in the tunnel

 

Two options:

 

1. the suit gets tossed and the family and attorney get slapped with charges for filing a frivolous lawsuit or

 

2. some activist judge will allow the lawsuit to proceed and the brain dead jurors will award damages as a way to stick it to "The System".

[TriboroughBridge]

2. there weren't any signs warning against engaging in such dangerous activity

 

It clearly says on each end of every station,

 

"DO NOT ENTER OR CROSS THE TRACK"

 

They probably won't win, unless of course,

 

2. some activist judge will allow the lawsuit to proceed and the brain dead jurors will award damages as a way to stick it to "The System".

[Olegkha]

MTA should sue this idiot mother and the lawyer for all the time spend cleaning up, plus all the time spent in court.

 

Dude was not suppose to be there, Why spend even one minute or one dollar searching for him?

[pelhamlocal]

I feel for the family, i really do, and no deserves to go that young but, its a parents responsibility to keep their kids safe and under control. I think that the lawsuit is a waste of time, because it's If you don't want anything to happen to you child, keep a good eye on him, I think that the mother should be charged with negligence, because, (Read above), and (3.) if you can't keep control of child or care enough to pay attention to what their, doing it's on you, and if you can't handle that don't take the subway. But, on the other hand as some of us are saying, the MTA should really have more people on duty, along with the NYPD, to make sure things like this don't happen in the future. Again my condolences go to the child's family.

[Via Garibaldi 8]

I feel for the family, i really do, and no deserves to go that young but, its a parents responsibility to keep their kids safe and under control. I think that the lawsuit is a waste of time, because it's If you don't want anything to happen to you child, keep a good eye on him, I think that the mother should be charged with negligence, because, (Read above), and (3.) if you can't keep control of child or care enough to pay attention to what their, doing it's on you, and if you can't handle that don't take the subway. But, on the other hand as some of us are saying, the MTA should really have more people on duty, along with the NYPD, to make sure things like this don't happen in the future. Again my condolences go to the child's family.

 

LMAO... What kid??? He's a GROWN MAN... A young one, but still a man... Last I checked "24" is not a child, so there is no need to charge the mother with any sort of "negligence". LOL

 

Like the others have said, he shouldn't have been there in the first place, so this lawsuit should be thrown out.

[peacemak3r]

I wonder what you guys would have done if this happened to someone in your family. (Hypothetically speaking.)

 

It goes both ways I guess. Yeah he shouldn't have been there, but 40 minutes to search and few hours "investigating?"

[Via Garibaldi 8]

I wonder what you guys would have done if this happened to someone in your family. (Hypothetically speaking.)

 

It goes both ways I guess. Yeah he shouldn't have been there, but 40 minutes to search and few hours "investigating?"

 

Well what were they supposed to do?? I mean if they can't find the guy you can't keep the tunnels closed for hours delaying thousands of passengers. So if they spent a few more hours looking for him and he was still found dead, would the family's stance have changed? I doubt it. They would still be looking to hold the accountable because they want someone to blame, when in all honesty it is no one's fault but the guy who went into the tunnel. He put himself at risk by going in an area that is off limits to the public and that's the key here. It's not like they had any way of verifying that he was still in the tunnels and clearly he didn't make himself visible. 40 minutes of searching to me is quite a bit to time.

[TriboroughBridge]

Like the others have said, he shouldn't have been there in the first place, so this lawsuit should be thrown out.

 

Unfortunately, being in America, I wouldn't be surprised if this mother won.

 

After this case, the is probably going to have signs & announcements, all over the place, saying in a stern voice, "DO NOT WALK ON THE TRACK OR CROSS THE TRACKS AT ALL TIMES, YES THAT MEANS YOU WISE ASS"

[Via Garibaldi 8]

Unfortunately, being in America, I wouldn't be surprised if this mother won.

 

After this case, the is probably going to have signs & announcements, all over the place, saying in a stern voice, "DO NOT WALK ON THE TRACK OR CROSS THE TRACKS AT ALL TIMES, YES THAT MEANS YOU WISE ASS"

 

This is an unfortunate tragedy, but the family should not be trying to benefit off of it.

[Joe From Greenpernt]

I wonder what you guys would have done if this happened to someone in your family. (Hypothetically speaking.)

 

It goes both ways I guess. Yeah he shouldn't have been there, but 40 minutes to search and few hours "investigating?"

 

I know what I wouldn't be doing; that being, attempting to enrich myself by the tragedy at the expense of forever disparaging the memory of a dead family member. However one cares to look at it, it boils down to using someone's death as the the way to fulfill one's "champagne dreams and caviar wishes".

[peacemak3r]

40 minutes of searching to me is quite a bit to time.

 

Compared to hours of investigating? What's there to investigate? A guy got hit by a train which he was not suppose to be there in the first place. The investigation for me took 5 minutes compared to the hours the article says.

 

Though I still agree it's retarded for the mother to get dumb rich out of this.

[B35 via Church]

See, shit like this is why fares go up....

[Grand Concourse]

Unfortunately, being in America, I wouldn't be surprised if this mother won.

 

After this case, the is probably going to have signs & announcements, all over the place, saying in a stern voice, "DO NOT WALK ON THE TRACK OR CROSS THE TRACKS AT ALL TIMES, YES THAT MEANS YOU WISE ASS"

 

If the jury is stupid enough to award even parts of that payment to the mother, then they should pay her directly from their own pockets if the feel she deserves it. I'm sick of how the jury gives the 'victims' the benefit of the doubt over the MTA especially when the victims clearly violated the rules and put themselves in harms way.

 

And I wonder if any of them complains about the MTA having to raise the fare because of such cases like this where the MTA has to pay out of pocket for someone else's mistake.

[3railgreg]

You just can't fix stupid, to bad he is a young guy, but that's one less dumb ass in the gene pool...Lawsuits for stupidity are the answer to everything!:mad:

[Grand Concourse]

Which is why lawsuits like these where the 'victim' 'knowingly' puts themselves in harm's way should be automatically thrown out. These trials are a waste of taxpayer money and time from other trials. Just another relative trying to milk the MTA for money.

[Joe From Greenpernt]

You just can't fix stupid, to bad he is a young guy, but that's one less dumb ass in the gene pool...Lawsuits for stupidity are the answer to everything!:mad:

 

Small correction. That should be stated in the past tense. He was a young guy. Dumb as yesterday's leftovers; nothing more than a footnote for the definition of S-T-Triple OOO-P-I-D. Everything else you wrote is on target.

[INDman]

I wonder what you guys would have done if this happened to someone in your family. (Hypothetically speaking.)

 

It goes both ways I guess. Yeah he shouldn't have been there, but 40 minutes to search and few hours "investigating?"

Personally, there is no one in my immediate family who is dumb enough to go one the tracks or into the tunnel. Now if for some reason someone from my family was killed on the tracks i would be sad that they died, at their own hands.

 

Compared to hours of investigating? What's there to investigate? A guy got hit by a train which he was not suppose to be there in the first place. The investigation for me took 5 minutes compared to the hours the article says.

 

Though I still agree it's retarded for the mother to get dumb rich out of this.

 

40 minutes is too ling to look, what's to say that the person didn't walk to the next station an leave the system. Are you really going to spend 2 hours looking for someone who may not even be there? Do you know how many calls a day there are for unauthorized on the tracks? Do you know how many times such reports are unfounded? I'm going to take a wild guess and say you have no clue.

 

Now when it comes to investigating, I have never heard of a station being closed for 6 hours, 3 hours,, not 6. Do you know what goes into investigating one of these? Again, I'm sure you don't.

[MHV9218]

Please, watch the Nazi Banksters Crimes Ripple Effect at http://jforjustice.co.uk/banksters

[WMATA]

You guys smell that? It's fresh air. One less oxygen thief walking the planet.

 

Ms. Rowe's son was looking for his death. That's no fault of the MTA. I hope she doesn't get a dime from this ridiculous lawsuit. Go work for your effing money!

[peacemak3r]

Personally, there is no one in my immediate family who is dumb enough to go one the tracks or into the tunnel. Now if for some reason someone from my family was killed on the tracks i would be sad that they died, at their own hands.

 

 

 

40 minutes is too ling to look, what's to say that the person didn't walk to the next station an leave the system. Are you really going to spend 2 hours looking for someone who may not even be there? Do you know how many calls a day there are for unauthorized on the tracks? Do you know how many times such reports are unfounded? I'm going to take a wild guess and say you have no clue.

 

Now when it comes to investigating, I have never heard of a station being closed for 6 hours, 3 hours,, not 6. Do you know what goes into investigating one of these? Again, I'm sure you don't.

 

I, for one, actually do know what goes into an investigation. In cases like these the process is on the books.

 

Now unless you are an employee for the NYPD or something higher which I'm sure you are not then you shouldn't assume what I know or not know.

[INDman]

I, for one, actually do know what goes into an investigation. In cases like these the process is on the books.

 

Now unless you are an employee for the NYPD or something higher which I'm sure you are not then you shouldn't assume what I know or not know.

 

Do you work for the NYPD, if you don't you don't have a leg to stand on either.

 

Anyway, the family should get nothing since he caused his own death.

[Den]

Dontchya love how the mom is always holding up the picture (for pity) of their boy in these sorts of situations where the son was at fault for doing something wrong but momma swears her son was a good boy and would not hurt anyone?

 

Whats up with that?

 

Instead of blaming authorities and the MTA and suing them, shouldn't she be asking her self, why was my son on the tracks? what was wrong with him that he was playing in a highly dangerous conspicuously marked prohibited area? Where did I go wrong as a parent that I did not teach my child well and how he lacked the common sense to stay off of subway tracks?

 

She wont get a dime and she doesn't deserve it either. Maybe the MTA will be nice and pay for the kids funeral costs but no more than that.

 

http://www.wnyc.org/blogs/wnyc-news-blog/2012/jan/25/family-brooklyn-man-killed-train-sues-mta/

 

[ACEVE14]

A Brooklyn mother is suing the Metropolitan Transit Authority for $50 million in damages after her son was killed by an oncoming train 200 feet inside a subway tunnel last November.

 

Briant Rowe, 24, of East Flatbush, died on Nov. 19, after a northbound 5 train ran him over on its way to the Newkirk Avenue subway platform.

 

According to Rowe’s sister, a booth clerk saw Rowe wandering on the subway tracks and called for the subway tunnel to be closed for a search. When that search turned up no sign of Rowe, the tunnel was reopened.

 

Rowe was hit by the train at 7:33 a.m., according to the police report.

 

“He was not searched for long enough,” said Yunette Rowe.

 

Citing discussions with NYPD investigators, the Rowe family said the search lasted about 40 minutes and involved an out-of-service subway car that slowly rolled up and down the tracks.

 

“They said they took 40 minutes to search for him, but when somebody is dead, they take six hours to close down the station,” said Marva Nelson, Rowe’s mother. "I can’t get past that. That one hurts me so much."

 

A spokesperson for the Metropolitan Transit Authority declined to comment on the length and manner of the search because of pending litigation.

 

Roger Archibald, an attorney representing the Rowe family, said any search for a person thought to be wandering on the subway tracks should include a canvass on foot inside the tunnel.

 

“A more appropriate search under the circumstances from our point of view would have been to go on foot with flashlights and to shut the system down and find this individual,” Archibald said.

 

Brooklyn Mother Sues MTA in Son's Subway Tunnel Death | NBC New York

 

Ladies and Gentlemen, may I please present to you all, the 1st nominee on the NYC Transit Forums "Best Or Worst of 2012" awards for "dumbest idiotic son of a b**** of the year" award. She has totally lost it on herself, suing the for her son's death on the subway system. The mama shouldn't even blame the on that tragic day, instead she should be blaming all this nonsense on herself and her dumba** son for trespassing onto the subway tunnels.:mad: Of all the nerve of subway riders who would be dumb and stupid enough to go down on the train tracks just because the dropped something on the tracks or that they just felt like it for no obvious reason. If

there was ever a time when every transportation company around the world asks for help from President Obama to establish a law to implement platform protection screen doors on every single train station (subway, commuter, and trolley). Well, that's pretty much the only thing I can think of, I'm pretty sure some of y'all can think of something else.