The MTA was found to be mostly responsible for a deadly 2015 Metro North crash in which a train plowed into an SUV thatā eź¦«rrantly drove onto the tracks in Westchester County.
A jury of six people found the cash-strapped agency liable for the Valhalla wreck that killed five commuters and the driver, and could lead the MTA to forking over tens of millions of dollars in dašmages.
The victimsā family and injured passengers successfully argued the train engineer failed to slow the train down sooner and a flawed system on the tracks led to the third rail piercing throšugh the first car that set it on fire.
The tragic collision happened on Feb. 3, 2015 when married mother of three Ellen Brody, ofź¦ Edgemont, inadvertentlyš drove her Mercedes SUV onto the tracks while stuck in bumper-to-bumper traffic as the train approached.
The jury determined Metro-North, which is under the MTAās umbrella, wasź§ at 71% fault while the rest of the blame wź¦as assigned to Brody.
“This is a tragedy that never should have happened,ā a lawyer for some of the fatal victimsā families, Ben Rubinowitz,
āThe jury’s decision highlights the need for Metro-North to implement vital changes to ensure the safety and well-being of all passengers.”
The MTA condemned the verdict.
āThe MTA disagź¦rees with this verdict and ź¦is considering all legal options,ā a spokesperson said in an email.
The train engineer, Steven Smalls, was found 63% responsible for Brodyās death while Brody was 37% responsible, the plaintiffs’ legal team said.
Smalls should have slowed down when he saw the vehicleās reflection near the tracks, aš²ccording to the lawsuit filed several years aź¦go.
Another lawyer representing some of theš passengers who were injured and the family of a fatal victim, Andrew Maloney, said he believes damages could at least be $200 million between all the victims.
“We think the damages are probably in that neighborhood between the death cases and the physical injury cases it could be as high as $200 million,” he told The Post.
“I hope they do a little soul searching and look at the jury’s verdict,” he said of the MTA as the agency decides its next legal steps.
He argued even after the crash, the MTA has not addressed safety concerns on the rail line, calling it “pretty scary.”
The MTA tā¤ried to shift all the blame on Brody, claiming her errant driving forced Smalls to make a tough split-second decision,
Brodyās husband, Alan, told the newspaper hš¤”eās hapāpy to see the transit agency āwas delivered a message that they need to completely change their act.ā
“In my mind and in my family’s heart she’s completely innocent,” Brody said of her wife. “because she’s caught in a bad situation, which is the responsibility of the Metro-North.”