Woman sues MTA over train derailment

[QM1to6Ave]

http://www.dnainfo.com/new-york/20140805/kew-gardens/subways-cause-panic-attacks-for-teen-who-was-aboard-derailed-f-train-suit

 

I think it is very fair to have the MTA pay for this girl's therapy, and maybe a small amount of damages, but not more than that

 

 

 

 

A Hunter College student who was aboard the F train that derailed in Queens in May plans to sue the MTA, claiming she has been too scared to take the subway since the incident.

Jolted straphanger Melanie Chandan said she injured her knees, arms, head and neck when theBrooklyn-bound F train jumped the tracks in a tunnel near the 65th Station in Woodside and violently came to a halt, throwing her forward in her seat.

But the 19-year-old Kew Gardens resident said that the crippling panic attacks she has suffered since the May 2 incident are far worse than any physical pain.

"I can't bring myself to ride the train," Chandan, 19, told DNAinfo New York. "I even get upset by [hearing] the rumblings of the train."

Chandan's lawyer, Rehan Nazrali, filed a notice of claim against the MTA and the city on July 16. The notice is the first step in filing a lawsuit against a government agency.

"It was an ordinary day in New York, and then all of a sudden her ordinary life was turned upside down," Nazrali said of the derailment. "It was totally unnerving — something that's so reliable becomes entirely dangerous."

Roughly 1,000 straphangers were on board the F train when it derailed at about 10:30 a.m. SIx of the F train's eight cars were knocked off the tracks and 19 people were injured, including four who required treatment at a hospital.

On the day of the derailment, Chandan was taking the F to Hunter College. The teen said she was sitting with her headphones on and using a tablet when "everything started to shake and the lights flickered."

"The train moved violently from side to side," she recalled. "It felt like the car was lifted off the ground."

Chandan said she was flung into another seat by the jolt. She remembers there being very little light in her car, passengers screaming and train operators telling everyone to remain calm. 

As they waited for rescue workers to come, passengers shared water bottles and tried to reassure one another, Chandan said.

"A few people were having panic attacks and we were able to calm them down," she said.

She said she and other passengers were stranded underground for three hours before rescue workers led them out of the train and up to the surface.

Since the derailment, she has only taken the subway once — and that was because she had to take a final for a history class at Hunter.

"I had a panic attack and I wasn't able to finish [the test]," she said, noting that she now sees a therapist. "I haven't been in the city since the end of May."

Nazrali said Chandan ended up withdrawing from two classes because of her panic attacks.

"She hears noises, sounds and flashes — all those things that go with being a victim of a bomb scene," Nazrali said. "Her mother will tell you, 'She's not the daughter that I knew.'"

The MTA declined to comment on the pending litigation. An agency spokesman said the derailment is still under investigation and no cause has been determined.

[FlushingExpress]

I only have one word to describe her below. It is not the MTA's fault the train derailed. I can't wait for her to make  complete fool of herself in court

[Quill Depot]

Poor child! Dito!

[peacemak3r]

I seriously hate people that blame the MTA for everything. Almost 90% of my friends do it all the time and it's so aggravating. Like let's say a large tree branch falls onto the tracks and blocks traffic. LET'S BLAME MTA for the high speed winds.

 

These people are non-existence to me.

[Orion VII 4 Life]

I hope her and her ambulance chasing lawyer enjoy the settlement. I'll definitely enjoy paying for it in the next fare hike or with more cuts!

[biGC323232]

Another get rich quick scheme...

[SubwayGuy]

Paid therapy for her and that's it. Not a penny more.

 

No "damages" no "lost wages" no "tuition money".

 

Put on your big girl pants, get back to school, get a job, and work for it like everyone else.

[Union Tpke]

Agreed with all posts made so far.

[CenSin]

But the 19-year-old Kew Gardens resident said that the crippling panic attacks she has suffered since the May 2 incident are far worse than any physical pain.

"I can't bring myself to ride the train," Chandan, 19, told DNAinfo New York. "I even get upset by [hearing] the rumblings of the train."

Are people such wimps these days? Sheesh. I've been in vehicle accidents multiple times with serious injuries. I don't panic, stop riding them, or stop going outside just because there are vehicles roaming the streets.

[Union Tpke]

Are people such wimps these days? Sheesh. I've been in vehicle accidents multiple times with serious injuries. I don't panic, stop riding them, or stop going outside just because there are vehicles roaming the streets.

https://www.youtube.com/watch?v=el11DhtTVrM

[QM1to6Ave]

Are people such wimps these days? Sheesh. I've been in vehicle accidents multiple times with serious injuries. I don't panic, stop riding them, or stop going outside just because there are vehicles roaming the streets.

I wouldn't call them wimps...people react in different ways to situations that are objectively scary and upsetting. I think a serious subway derailment can be a lot more frightening than a motor vehicle accident because of the enclosed, dark tunnel. That's why I think that the girl is entitled to have short-term therapy paid for by the MTA (or the rail manufacturer if it turns out to be a defective rail). 

 

However, I think it's completely wrong to try to make money off of this and win a big payday. 

[4P3607]

I was on the same train she was. My reaction? Best railfan experience ever.

 

Oh, and I continue to ride the subway on a daily basis along with riding that same stretch of track where the train derailed and loving the speed in that area. 

 

As a matter of fact, I rode an R46 through there sitting in the same seat going the same speed recently. Did I have a panic attack? No, I admittedly foamed over it. 

 

If she can't take the subway because of that incident then she should be just as afraid of a car hitting her when she steps on the sidewalk or be afraid to ride in a car. Taking the subway is actually safer than riding in a car as you're a lot less likely to be killed or even injured. 

 

I hope the MTA ignores her lawsuit and leaves the fares alone.

[Union Tpke]

I was on the same train she was. My reaction? Best railfan experience ever.

 

Oh, and I continue to ride the subway on a daily basis along with riding that same stretch of track where the train derailed and loving the speed in that area. 

 

As a matter of fact, I rode an R46 through there sitting in the same seat going the same speed recently. Did I have a panic attack? No, I admittedly foamed over it. 

 

If she can't take the subway because of that incident then she should be just as afraid of a car hitting her when she steps on the sidewalk or be afraid to ride in a car. Taking the subway is actually safer than riding in a car as you're a lot less likely to be killed or even injured. 

 

I hope the MTA ignores her lawsuit and leaves the fares alone.

agreed

[YankeesPwnMets]

Before this derailment, when I wanted to go to Flushing, I would take the up to Roosevelt and transfer to the there instead of transferring at Bryant Park. When I wanted to go home, I would take the to 74th and transfer to the back into Manhattan.

 

After this derailment, I still take the via Queens Blvd Exp to 74th to catch the , and vice versa.

 

Boo f*ckin hoo. If she sues for therapy, whatever. She shouldn't be suing for an arm and a leg when she still has two of both.

 

Too scared to take the subway? Then drive. Don't have a driver's license? Can't afford a car? Then suck it up and get back on the subway. You're an adult, not a baby anymore.

[4P3607]

Before this derailment, when I wanted to go to Flushing, I would take the up to Roosevelt and transfer to the there instead of transferring at Bryant Park. When I wanted to go home, I would take the to 74th and transfer to the back into Manhattan.

 

After this derailment, I still take the via Queens Blvd Exp to 74th to catch the , and vice versa.

 

Boo f*ckin hoo. If she sues for therapy, whatever. She shouldn't be suing for an arm and a leg when she still has two of both.

 

Too scared to take the subway? Then drive. Don't have a driver's license? Can't afford a car? Then suck it up and get back on the subway. You're an adult, not a baby anymore.

Then again, you can always bike...

 

Except she'd be a lot more likely to be hit by a car and killed rather than be in a derailment again.

[m7zanr160s]

On a side note, that section of track is so smooth now. Like, even at high speed, there's no rocking. Nothing near what it was before.

[MHV9218]

I was on the same train she was. My reaction? Best railfan experience ever.

Okay, that's what we call a unique reaction. I wouldn't apply that to her case at all. Things can shake people up in different ways -- she's allowed to have been a little disturbed. I'd say you were probably the only person who actually enjoyed the experience, as it was a nightmare for crew, passengers, and most involved.

 

Now, does she deserve a payday? No.

[R188 7857]

LMAO...... 

Not our fault that you're too scared to ride the train.

Not the 's fault that the train derailed .

And therefore it's not the (or our service/fares for the matter..) that have to give you money, money therapy is enough and not even one penny more....

[Wallyhorse]

Before this derailment, when I wanted to go to Flushing, I would take the up to Roosevelt and transfer to the there instead of transferring at Bryant Park. When I wanted to go home, I would take the to 74th and transfer to the back into Manhattan.

 

After this derailment, I still take the via Queens Blvd Exp to 74th to catch the , and vice versa.

 

Boo f*ckin hoo. If she sues for therapy, whatever. She shouldn't be suing for an arm and a leg when she still has two of both.

 

Too scared to take the subway? Then drive. Don't have a driver's license? Can't afford a car? Then suck it up and get back on the subway. You're an adult, not a baby anymore.

Welcome to 2014 and the people who did not grow up like many of us did and know better.  They likely see BIG $$$$$$ not realizing their chances of getting that are in many cases LESS THAN ZERO.

[Lance]

LMAO...... 

Not our fault that you're too scared to ride the train.

Not the 's fault that the train derailed .

And therefore it's not the (or our service/fares for the matter..) that have to give you money, money therapy is enough and not even one penny more....

Actually, regardless of the actual cause of the derailment, the MTA is liable for any personal damages incurred. Unlike the other lawsuit that's floating around where the claimant is most likely at fault for her own negligence, here, she has a legitimate case. It's similar to a slip and fall case at someone's house. The person injured isn't going to sue Lumber Liquidators for shoddy floors; they're going to sue you for negligence. Of course, she'll never receive all she's asking for, but she'll likely be offered a nice settlement to cover her medical bills and therapy.

[itmaybeokay]

I mean, yes - this lawsuit is most likely frivolous, supported by quack doctors with questionable diagnoses and lawyers with dollar signs in their eyes. 

 

That said, I'm not sure the case is as cut and dried as liability firmly rests with the MTA. A cause of the derailment will likely have to be shown in court. The Plaintiff may attempt to argue that the MTA was negligent in its maintenance of the tracks at that location, but the MTA will attempt to demonstrate that it complied with all known guidelines in doing maintenance of that area. If the cause of the derailment was a faulty rail (which I believe has already been ruled out) then liability would fall on the rail manufacturer. The MTA's multiple insurance carriers (They have over 400 million in coverage) would probably settle with the plaintiff and subrogate against the rail manufacturer, and also probably sue the same further for damage to equipment and infrastructure. 

 

If the rail broke with no apparent cause, a case could be made that it was a freak happenstance, an "Act of God" legally speaking that was outside human control. If the accident could not have been prevented, if it happened due to forces that could not be anticipated or mitigated then there's no real liability toward any person or agency. 

 

News articles are indicating that the woman's lawyers are arguing that the rail was defective. 

 

 

 

In papers filed July 16 with the city, Chandan’s lawyer, Rehan Nazrali, blames the city and MTA for allowing the system to use defective brakes and rails and for negligent operation of the cars.

 

All of the above statement seem without merit, which very well might cause the case to be dismissed. 

 

If the accident was deemed operator error (again, I think this is ruled out, but speaking hypothetically) then the MTA would be liable for the negligence of its employee under the doctrine of "vicarious liability" 

 

Also of note, and I'm not sure how this applies to mass transit versus railroads - but in the metro north derailment at issue in any lawsuits is whether state or federal laws applies. It can be argued that the "conduct at issue", (in the case of the MNRR derailment, operation of a railroad) falls under the jurisdiction of federal regulations and not state law. If the defendant successfully argues that the case merits federal venue, and subsequently can demonstrate that they complied with all applicable federal regulations, then the court won't even HEAR the tort case. But, as mass transit is different than a "railroad" from a federal law standpoint, I'm not sure if this would apply here.

 

Here's an article about the issues in the MNRR derailment which discusses some of these issues. 

http://www.reuters.com/article/2013/12/05/us-usa-derailment-legal-analysis-idUSBRE9B405B20131205

 

for the rest of it the source is the fact that I'm not a lawyer but I play one in real life...

 

Speaking of playing lawyer - I ran the woman's lawyer through NYC eCourts and found 9 cases, 2 active ones against the City Board of Ed and the NYCHA, of the rest, 6 were outright losses, and there's one 45,000 settlement against what looks like a landlord. I don't think we'll be seeing our fares go up any time soon - I think there's just a laywer who likes seeing his name in print. 

[QM1to6Ave]

As most people have posted already, I suspect the MTA will offer to cover therapy and medical bills (to which I believe she is entitled--just because other people on here were lucky enough to not develop PTSD symptoms after the derailment does not mean that no one else developed legitimate psychological problems from it).

 

If they turn down that offer and try to take it to court for a big payout, then I hope they lose. 

[NYtransit]

Im sorry but How do you have a random panic attacks during your life because of a train derailment? I could understand if there were people dying or if the train flipped upside down but all it was just a hard nudge left to right.  She acting like there was shooting and explosions going on and she had to run away. 

[Lance]

Some people have different reactions to the same event. While some people were unaffected by the derailment, it's not outside the realm of possibility that someone else could experience some mental trauma from the incident. This is the case with almost any incident or event.