Jury Awards $28.5 Million To Woman Injured By Subway

Yesterday, a jury awarded Alice Huang, a 21 year-old Queens resident who was hit by a subway three years ago, $28.5 million in damages from the MTA. While exiting the F train at Sixth Avenue and 23rd Street, Huang had dropped a Bible that she needed for her English final at School of Visual Arts.

"As Huang, then an 18-year-old freshman, was picking up the Bible, the train moved, hit her head, and spun her around, [lawyer David] Dean said. One of Huang's legs was caught between a car and the platform...'The train started,' [witness Ricky] Ramos said. 'I saw her spinning with the train as the train was moving. Her body was spinning.'" [Newsday]
"The impact span her around and caused her to lose her balance and get one of her feet stuck between the train and the platform. The train kept rolling for several agonizing seconds - ripping flesh from Huang's leg and crushing her hip before the conductor was able to hit the emergency brake." [NY Post]
"Her leg and pelvis were crushed." [NY Daily News]

NYC Transit may appeal, as they argued that Huang was at fault for putting her head "in the path of a moving train." Huang's lawyer argued that the conductor was negligent for not checking to make sure the platform was clear for the train to move. And clearly, the jury agreed. Huang, who has had 20 operations, uses crutches, and cannot feel sensation in one leg, is depressed over the incident, testifying, "I think I look horrible. I don't have any mirrors in my room...I don't want to look at myself." Dean's lawyer added she rarely leaves the house and spends of the time online, since people can't see what she looks like.

This is the worst nightmare of any subway rider. There are incidents of people collapsing near the tracks and being crushed by the train and picking up cellphones from the tracks and being killed. Gothamist can only say you should stand away from the edge of the platform and be safe - only move towards the edge when the subway's doors have actually opened, rush hour crowd of people be damned.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on September 24, 2004 8:34 AM

Comments [rss]

Lee Golden

I feel sorry for those of you who are cracking cruel jokes about Alice's condition. If anyone of you were in her position, you would want to be compensated too!

Go swallow that for a while before you laugh at the expense of those who have had it worse than you!

kk

It was the conductor's fault, but I think she should only get enough to cover medical expenses plus 1-2 million for trauma. She shouldn't get to pocket the rest -- it was also her fault too for being so careless (just like I think people who climb down into the tracks to pick up their phones deserve whatever they get for being such idiots). The other xx million should go to charity or something.

juliuss

For the record, if anyone would like to buy the lower part of my left leg for $27,000,000: please contact me.

Chris

This is very sick, I say it's her own fault. The conductor can look but he cannot prevent people as dumb as her. When she picked up her bible she didn't sit there for a few mins while reaching for it, maybe 10 seconds to turn around and lean over. I bet I could stick my head in there and give myself a good knock on the head before the driver knew what happened, like a deer running in front of a car (did the driver not look hard enough). Also, agonizing seconds? Let me know when a train can stop instantaniously and I will pay her the money myself. This is just a case of some kid getting too much cash. If she deserves anything it's more like double the medical exspenses or ME + lost pay. I doubt she would have earned 28 million at her job, whatever it would have been.

Chris

This is very sick, I say it's her own fault. The conductor can look but he cannot prevent people as dumb as her. When she picked up her bible she didn't sit there for a few mins while reaching for it, maybe 10 seconds to turn around and lean over. I bet I could stick my head in there and give myself a good knock on the head before the driver knew what happened, like a deer running in front of a car (did the driver not look hard enough). This is just a case of some kid getting too much cash. If she deserves anything it's more like double the medical exspenses or ME + lost pay. I doubt she would have earned 28 million at her job, whatever it would have been.

J

The fine for standing over the tracks (or for sitting, squating, etc)

should be $29,000,000.

Retroactive.

K

If only this could happen to everyone reaching down to pick up a bible...

L'Emmerdeur

Bloody Darwin Award. Guess that's what you get for reading the Bible.

Bee-bau

They really hammer on the fact that she was picking up a bible...do you think if she was reaching down to grab her US Weekly the jury would have been so sympathetic?

honey2

Conductors are required to check for people at the edge of the platform who could get hit by the train. That's why you see them stick their heads out of the window before giving the motorman the ok to move on. Debbie, if, as you were exiting a train you dropped your wallet and immediately, reflexively stooped to pick it up and was hit by the train b/c the conductor didn't make sure the area was clear, then you, too would be eligible for some compensation. perhaps the compensation is over the top-- i am not sure how much it would be worth it to you to become permanently disfigured through the negligence of a quasi-govermental entity, but i bet it would be alot.

honey2

Conductors are required to check for people at the edge of the platform who could get hit by the train. That's why you see them stick their heads out of the window before giving the motorman the ok to move on. Debbie, if, as you were exiting a train you dropped your wallet and immediately, reflexively stooped to pick it up and was hit by the train b/c the conductor didn't make sure the area was clear, then you, too would be eligible for some compensation. perhaps the compensation is over the top-- i am not sure how much it would be worth it to you to become permanently disfigured through the negligence of a quasi-govermental entity, but i bet it would be alot.

seber

my metrocard eats up a lot of my salary as it is.. will they raise the fare another dollar to fund the additional signs and safety measures to protect people like Alice Huang from getting hurt?

$3 to use the 6 train. fun.. it's catching up to cab fare.

Kojak

Ohh Debbie Debbie Debbie . . . Your just pissed because they might raise the fare to cover the cost, so then it'll come out of your pocket. I realize most New Yorkers have a lack of common sense. The MTA should account for this and design trains, signs and warnings appropriately.

But seriously, these train operators are in such a rush to get out of the station that they dont look twice before giving the go ahead to move the train. She probably wont get the full 28 Million anyway, but its better then her getting nothing.

Debbie

She doesn't deserve a cent. What on earth was her head doing hanging over the edge of the platform? I'm so sick of people blaming others for their own irresponsibility. I think the MTA should put up large signs in all stations proclaiming: GETTING HIT BY A TRAIN MAY BE A DANGER TO LIFE AND LIMB. DO NOT PLACE ANY BODY PARTS PAST THE EDGE OF THE PLATFORM UNDER ANY CIRCUMSTANCES.