Jury Awards Brazilian Woman $81.7M After NYC Subway Train Strike, Ruling MTA Negligent
A federal jury has delivered a staggering verdict in favor of Luisa Janssen Harger Da Silva, a 21-year-old Brazilian woman who lost her arm and leg in a devastating subway train strike in 2016. The ruling awards the victim nearly $82 million in damages, finding the Metropolitan Transportation Authority (MTA) negligent in its failure to install platform barriers that could have prevented her horrific injuries.
Da Silva's ordeal occurred at the Atlantic Avenue-Barclays Center station when she fainted and fell onto the tracks while standing on the B and Q train platform with her boyfriend. The train severed her left arm and leg, leaving her permanently disabled and requiring multiple surgeries and skin grafts to repair her wounds.
The lawsuit blamed the MTA for not taking proactive measures to address the known hazard of people falling onto subway tracks. According to MTA data obtained through the lawsuit, three to five people are struck by subway trains every week, a statistic that had been on the agency's radar since at least 2011. In 2022, the MTA considered installing platform barriers but ultimately opted for a cheaper solution of fixed barriers at roughly 100 stations.
The jury's verdict comes after years of litigation and advocacy from Da Silva's lawyers, who argued that the MTA had a duty to install platform barriers or take other measures to prevent such incidents. The agency has maintained that installing full platform doors would be too costly and disruptive.
While the MTA is required to pay the substantial damages award, its spokesperson Tim Minton expressed disappointment with the verdict and stated plans to appeal. However, others are celebrating the outcome as a long-overdue victory for victims like Da Silva.
"This judgment brings closure to Ms. Da Silva's long journey, and we hope it serves as a catalyst for change," said Elliot Shields, one of Da Silva's attorneys. "The MTA knew about this hazard, they knew there were feasible solutions, and they did nothing and as a result."
The verdict has implications beyond the individual case, with lawyers representing other clients who have been struck by trains indicating plans to file additional lawsuits against the MTA. As one official noted, "Every rider should feel safe standing on the platform."
A federal jury has delivered a staggering verdict in favor of Luisa Janssen Harger Da Silva, a 21-year-old Brazilian woman who lost her arm and leg in a devastating subway train strike in 2016. The ruling awards the victim nearly $82 million in damages, finding the Metropolitan Transportation Authority (MTA) negligent in its failure to install platform barriers that could have prevented her horrific injuries.
Da Silva's ordeal occurred at the Atlantic Avenue-Barclays Center station when she fainted and fell onto the tracks while standing on the B and Q train platform with her boyfriend. The train severed her left arm and leg, leaving her permanently disabled and requiring multiple surgeries and skin grafts to repair her wounds.
The lawsuit blamed the MTA for not taking proactive measures to address the known hazard of people falling onto subway tracks. According to MTA data obtained through the lawsuit, three to five people are struck by subway trains every week, a statistic that had been on the agency's radar since at least 2011. In 2022, the MTA considered installing platform barriers but ultimately opted for a cheaper solution of fixed barriers at roughly 100 stations.
The jury's verdict comes after years of litigation and advocacy from Da Silva's lawyers, who argued that the MTA had a duty to install platform barriers or take other measures to prevent such incidents. The agency has maintained that installing full platform doors would be too costly and disruptive.
While the MTA is required to pay the substantial damages award, its spokesperson Tim Minton expressed disappointment with the verdict and stated plans to appeal. However, others are celebrating the outcome as a long-overdue victory for victims like Da Silva.
"This judgment brings closure to Ms. Da Silva's long journey, and we hope it serves as a catalyst for change," said Elliot Shields, one of Da Silva's attorneys. "The MTA knew about this hazard, they knew there were feasible solutions, and they did nothing and as a result."
The verdict has implications beyond the individual case, with lawyers representing other clients who have been struck by trains indicating plans to file additional lawsuits against the MTA. As one official noted, "Every rider should feel safe standing on the platform."
they knew about this hazard since 2011 and still didnt take action, its like they were trying to gamble with people's limbs 
its wild that they opted for a cheaper solution instead of safety, thats just basic common sense. i hope this verdict brings some accountability and changes in the mta's policies ASAP 
She's got a lifetime of medical bills and chronic pain covered, that's insane $82m is a lot 
But what really gets me is how the MTA knew about this issue for years but didn't do anything 
They could've prevented her from getting maimed if they just installed some basic platform barriers 
Like what even is cheaper than someone's life?! 
Can you imagine having to go through all that again? Not. Gonna. Happen 
I'm so glad justice has finally been served and people are starting to take notice of this gross negligence 
this verdict is crazy, $81.7m for a train strike injury? i think it's fair considering how reckless the mta was, they knew about the hazard and did nothing to fix it. 3-5 people a week getting struck by trains? that's insane! 
da silva's story is so sad but it's great that she's finally getting justice. i hope this verdict leads to some real changes for the mta, like installing those platform barriers they kept saying were too costly 
. And the MTA knew about this hazard for years but did nothing, so now they're gonna have to pay out $81.7 million in damages 
. This verdict is a game changer, and I'm glad to see justice being served 
. I mean, it's crazy that the MTA didn't take action sooner, especially knowing how common these incidents are 
. But the fact that other people are already planning to sue the MTA? That's just frustrating 
. Anyway, it's not like MTA didn't know about this hazard since 2011 and just didn't wanna spend the cash 
like that's gonna change anything... but hey at least the lady gets her life back together 
, so I guess that's something 
.
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