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A man's fall into the subway tracks is now cause for a lawsuit. Angel Diaz, a nurse's aide who was headed to Lincoln Hospital for a job application, says he slipped on the wet platform at the 143rd Street Station and then "tripped on a bump in the cement used to repair a leak from a janitor's closet." Diaz's lawyer says he "flew" onto the tracks, where a subway car ran over his hand.
The Post reports that Diaz lost three fingers and half his palm, and his lawyer says the MTA is guilty of "double negligence": The poorly maintained platform and a train operator who could have stopped in time but didn't. While the MTA didn't have a comment, we bet they'll try to determine how fast Diaz was walking before settling. But the thing is, so many stations platforms are slippery, especially with leaks that create pools of water. While it's near impossible to attend to all of them immediately, hearing how MTA Chairman Kalikow is quick to fix a low-trafficked LIRR station drives home the point that many hopes are literally riding on MTA Executive Director Elliot Sander's shoulders.
Also bad: Many stairs between the street and the subway stations. Some stairs have metal tread-guard things on top of the concrete steps, but those many of those guards are worn down and are very smooth - perfect for slipping.
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>The poorly maintained platform and a train operator
>who could have stopped in time but didn't.
You are kidding me right. Do you really think a train operator wouldn't try his/her best to stop in time? Someone here is greedy me thinks.
Well, I think the overarching assumption is if a train operator sees someone in the tracks, they'll try to stop. But I hear you - I do wonder how the MTA will question Diaz. The lawyer's words were pretty descriptive: Slipping, tripping, then flying into the tracks.
Greedy? Yeah, this man totally planned the whole thing. "Yeah, if I lose most of my hand, I'll be a millionaire!"
Who are you people posting these kinds of comments? I hope to god to never meet you.
This guy is totally justified in suing the MTA. We all know that leaks and sloppy repair jobs create hazards that the MTA knows about, but does nothing to fix.
However...if he was running fast enough to "fly into the tracks" than he is at fault as well. The other thing everyone knows is not to run at empty subway tracks when the floor is wet and badly maintained.
how exactly does one slip and slide their way into the tracks and onto an oncoming train... you would really have to be moving and heading directly toward the tracks. i guess it could happen, but it almost sounds like a suicide attempt gone wrong.
when will people accept responsibility for their own actions? wet floors are slippery. things sticking out of the ground can trip you. don't make the rest of us pay for your short-comings. sure the mta could do better but i'd prefer they focus on getting the service to be more reliable than wasting that cash on individuals who can't do anything but point fingers when they trip.
Does anyone here regularly use the 143rd St. station? Is it dangerously laid out, or does this guy truly have no merit?
while the MTA is at fault for many things, it seems this man was also neglegent as well. running on a slippery floor with grooves and bumps? reminds me of life as a life guard so many years ago:
NO RUNNING ON THE POOL DECK!
Sure, the plaintiff may have been careless. This doesn't mean, though, that the MTA is off the hook; it just means that the damages will be reduced by the plaintiff's own negligence. It's not an all-or-nothing thing (at least not in NY state).
You gringos are just jealous. I'm a rags to riches success story.