This case takes place in New York and involves a man who was struck and run over by a subway train. The plaintiff was standing on the station platform behind the warning strip next to the tracks when he fainted, falling to the ground and rolling on to the subway tracks. While several bystanders attempted to reach the man and render assistance, and others went to alert station personnel, the man was killed when a train arrived at the station. It is alleged that the driver of the train had ample time to stop and avoid hitting the man, and that he should have been seen by the train’s driver.
Question(s) For Expert Witness
- 1. What kind of training is provided to conductors with regards to pedestrians who had fallen onto tracks?
- 2. What should a train operator be looking for as soon as they are pulling into a station?
- 3. How soon should brakes be applied when there is a suspicious sighting on tracks?
- 4. Do you have experience testifying in similar cases?
Expert Witness Response E-009220
Having worked as a subway motorman for more than 30 years, I am very familiar with the training and protocols relevant to this case. I have experience with on-track sightings and pedestrian mishaps, so I have a very good idea of how this situation could have been handled. I would be happy to review this case.
Expert Witness Response a06E000000UUimQ
I have worked for a major transit authority for more than 12 years, spending time as a conductor and, mainly, a train operator. I was trained in 1996 and I am familiar with the training that was provided through the time of my departure from that organization. If the person in question was near the middle of the station, it is surprising to me that this train operator did not see a pedestrian on the tracks entering at this speed. This is an interesting case that I think I can be of assistance on.