MTA found mostly liable in 2015 Metro North train crash where SUV drove on tracks: jury
The MTA was found to be mostly responsible for a deadly 2015 Metro North crash in which a train plowed into an SUV that errantly 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 damages.
The victims’ 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 through the first car that set it on fire.
The tragic collision happened on Feb. 3, 2015 when married mother of three Ellen Brody, of Edgemont, inadvertently 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 MTA’s umbrella, was at 71% fault while the rest of the blame was assigned to Brody.
“This is a tragedy that never should have happened,” a lawyer for some of the fatal victims’ families, Ben Rubinowitz, said in a statement.
“The 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.
“The MTA disagrees with this verdict and is considering all legal options,” a spokesperson said in an email.
The train engineer, Steven Smalls, was found 63% responsible for Brody’s death while Brody was 37% responsible, the plaintiffs’ legal team said.
Smalls should have slowed down when he saw the vehicle’s reflection near the tracks, according to the lawsuit filed several years ago.
Another lawyer representing some of the 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 tried to shift all the blame on Brody, claiming her errant driving forced Smalls to make a tough split-second decision, The Journal News reported.
Brody’s husband, Alan, told the newspaper he’s happy to see the transit agency “was delivered a message that they need to completely change their act.”
“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.”
