A college student tripped and fell on a hazardous platform at a New York subway station, causing him to land on the tracks and subsequently lose both of his legs. Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein proved that the transit and transport authorities were negligent in failing to properly maintain the platform, securing the injured student a $9 million dollar settlement.
Our client was on his way to work when the heel of his foot got caught in a gap of concrete on the train platform. He lost his balance and fell onto the train tracks. A minute later, the unconscious student was hit by the oncoming train. The New York City Police Department responded to the scene. In their police investigation, they questioned the train conductor, who stated that he saw the college student on the tracks as he pulled up to the station but could not stop in time to avoid him. Our client was found under the fifth car of the ten-car train.
An ambulance took him to a nearby New York hospital, where he remained for five weeks. Our client was then moved to inpatient physical therapy for a month. Due to the accident, he had both legs amputated and underwent reconstruction surgery in his finger—which was completely dislocated after the accident. He also had a t-shaped laceration on the back of his head. However, despite recovering and getting prosthetic legs, our client continuously suffered bilateral phantom leg pain, bilateral stump pain, frequent low back pain, fatigue, and headaches.
Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein retained an engineering expert to determine the cause of the accident. After an investigation into the hazardous platform, the engineer concluded that the size, shape, and dimensions of the defect in the train platform should have classified it as a known pedestrian trip and fall hazard. Further, there were similar defects around the platform that had been painted over instead of repaired. The expert concluded that the platform had a defect in the edge of the platform which should have been repaired.
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Amputated: cut off a limb by surgical operation
Anxiety: a feeling of worry, nervousness, or unease, typically about an imminent event or something with an uncertain outcome
Bilateral: having on or affecting both sides
Depression: a common and serious medical illness that negatively affects how you feel, the way you think and how you act
Laceration: a deep cut in the skin
Phantom Pain: often painful sensation of the presence of a limb that has been amputated
Stump Pain: a type of pain felt in the part of the limb that remains after an amputation