Author Archives: Dominique A. Penson

How to Save on Costly Appeals Involving the TA

Over the last several years, our firm has gotten numerous successful verdicts against the NYC Transit Authority. The TA appealed every one. That’s what the TA does. Regardless of how dismal its chances of overturning a verdict, the TA appeals. That’s important to know if you’re thinking of bringing a case against the TA. Appeals… Read More »

Difficulties of Dealing with the TA

Our firm was recently contacted and interviewed by a local newspaper doing a story about the NYC Transit Authority. The TA was on the reporter’s mind because following a subway derailment in Harlem, TA management blamed the derailment on track workers for not properly securing equipment to be used in repairs. But the TA was… Read More »

Woman struck and killed by MTA bus while crossing Brooklyn street

A woman was crossing E. 17 St. in Sheepshead Bay on Monday night when she was hit by a B36 bus. KEN MURRAY/NEW YORK DAILY NEWS There were 125 pedestrian fatalities in 2014, and 120 so far in 2015. Today’s victim was a devoted mother and grandmother carrying groceries to her adult daughter who is… Read More »

Amtrak Faces Only Limited Liability for the Crash in Philadelphia

Regardless of how negligent Amtrak may have been in causing the train derailment and crash in Philadelphia, killing at least seven people and injuring dozens more, its liability for the accident cannot exceed $200 million.  The cap applies to all passenger railroads, and it includes punitive damages, which may come into play if the train… Read More »

One Person Hurt After LIRR Train Collides with Car

A Long Island Rail Road (LIRR) train was recently involved in an accident in Patchogue when it struck a car. It was the second LIRR accident in the span of just two days, and has brought even more attention to the recent calls for new amendments to federal legislation that would greatly improve the safety… Read More »

Appeals Court Reverses Ruling in Favor of Injured Passenger in Train Accident

A Court of Appeals recently reversed a decision made by the Appellate Division, First Department to apply res ipsa loquitur in a case involving a Metro-North Railroad train’s swinging ceiling door that reportedly injured a passenger. The passenger, who was at one time an administrator at the Montefiore Medical Center located in Yonkers, claims to… Read More »

Lawmakers Propose Use of New Technology to Prevent Further Metro North Accidents

Rep. Sean Patrick Maloney from the 18th district of New York is pushing for the use of new technology in the state’s mass transit system to prevent further accidents like the deadly Metro North crash that took place in early February. He and Rep. Nita Lowey of the 17th district have been working on a… Read More »