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G Train Platform Rape Victim Loses MTA Negligence Suit

2009_04_21ststation.jpg A Queens judge has thrown out a suit against the MTA and two of its employees filed by a woman who was raped on the platform of the G train's 21st Street stop and accused onlooking transit workers of not doing enough to help her. Subway conductor Harmodio Cruz and station agent John Koort both called the command center to alert authorities of the assault in progress, but Cruz allowed his train to leave the station and Koort did not call cops directly. The judge said that the effectiveness of those extra efforts was "pure speculation." He added, "This is not the type of egregious situation that offends common sense and decency ... where they watched and did nothing." By the time cops arrived, the rapist had escaped and has not since been caught. The lawyer for the victim, an artist and an NYU student at the time of the attack, said that she was crying and devastated at the news. He told reporters, "How inept do their [transit workers] actions need to be before the courts will let a New Yorker file a case like this?"

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  • Brooklynbobby

    Why is anyone surprised that the transit workers did nothing? They get paid to do nothing. Jeesh!!!!

  • RN Amused

    The hell with that ! She shouldn't have filed a suit against the MTA for that . I would have sued them for the lack of security at that station during the nite hours . It's cool that they put up some camera's to watch the platform, But that does nothing to help customers waiting for the train . While it's sad that the Mta workers probably witnessed her being raped it doesn't men they had to do anything about it . Life is cruel and unusual at times .

  • Nyctini11

    Again, here here 51, reread it.

  • Billiamsburg

    It doesn't matter who you are, an MTA employee with a 'protocol, A Navy Seal on leave, or a 5'0" cleaning woman on her way home to Queens. If you see that, and are a member of civilized society, you do something. You chase after or you stand there and scream for help or you run up stairs and call the police and alert anyone you can think might be able to help. To witness it, turn your back and do nothing instantly removes you from decency and civility, and my taxes are still paying for your apartment and healthcare and making your life livable even though you have done nothing to earn any of it.

  • Nyctini11

    Here, Here. Beautifully put, thank you.

  • nycgurl

    This poor woman has been victimized twice and btw, the judge is on the city payroll!

    These guys are so low and disgusting on the humanity scale, they're not qualified to scratch the balls of a pig.

    Can anyone say Kitty Genovese?

  • right is might

    absolutely! I wonder what the judge's verdict would have been if that had been his/her daughter?? Human kindness and decency anyone? I hope she appeals this case all the way to the Supreme court. Shame on you, MTA.

  • drewmaster

    Yesterday, as the evening rush-hour crowd was getting off the A Train at Nostrand Avenue, a homeless woman dropped her pants and took a piss right there on the platform. Four cops responded to the scene as I was walking up the stairs. Hmm...

  • thcalan

    WAIT

    You want it to be illegal and punishable by law and a civil judgement to ONLY CALL THE POLICE?

    Are you sure you want to open YOURSELF up to be sued next time YOU call the police and do not immediately throw yourself into the middle of a crime?

    As far as calling the police directly...HOW?

    They were underground with a radio in thier hands.

    Are you proposing that they dropped thier radio to call thier command center which has a direct link to a dedicated police operator and instead run to the street and call 911 from a payphone?!?!?!?

    Some suggestions here are absolutly insane.

  • JenChungsBaby

    Yet another excellent point. Hold the MTA liable for their employees "only" calling the cops to report a crime in progress and your employer (or you personally) may be liable if you witness a crime in the workplace or otherwise and don't morph into Dirty Harry to stop it. I saw a guy get attacked on Amsterdam Ave in broad daylight and I called the cops while finding cover in case bullets started flying. I hate to think I might have been sued for not jumping in and going all Jackie Chan on the bad guys.

  • 7train

    She didn't win??!?! I'm APALLED!!!

    So, that drunk f*ck who fell onto the tracks got his big bucks, even though he was completely drunk and (ir)responsible for his actions. This girl gets assaulted and raped, those deadbeat watch and do nothing and she doesn't win the lawsuit?!?!

    ARE YOU SERIOUS?

  • Joclyn

    On airplanes, in theaters, practically anywhere in the civilized part of society, a doctor is requested in a medical emergency. I have heard train conductors ask if a police officer is on the train when people are holding the doors. Is door holding a crime worthy of police intervention while rape is not? Please, this is sickening.

    In agreement with the comment above about doors routinely being shut in people's faces, of course, I am not surprised.

    Why wasn't the TWU contract invalidated when they went on strike? There are plenty of recently unemployed actual human beings who would take those jobs happily, and who wouldn't have those hideous suck face expressions when a passenger dares ask what is going on when a train randomly decides to skip stops without notice.

    If Karma is at play, the transit workers who left the scene of the rape will be victims of gruesome crimes, while the only witnesses will report the events by filing a form in triplicate and sending it off for processing: response due in 3-5 weeks.

  • claudio

    God bless the TWU for protecting these two honorable gentlemen from this vindictive young woman.

    Love live Roger Toussaint, Harmodio Cruz and John Koort!! God bless their fat-cat pensions and $80,000 a year salaries!!

  • grandeur

    I understand they aren't trained to do this. If I was a larger employer I wouldn't want to put my employees in danger. BUT

    Its obvious that the conductor could have just stopped at the station, called police (or whomever they can reach down there) and waited AT THE STATION, instead of just leaving. I mean, isn't that why there are two conductors in the first place, to make sure no one is getting hurt on the platform.

    I want to know what will be done if this happens ( and it will ) again?

    There are plenty of criminally minded on the platforms, who is keeping us safe if our fellow humans are not?

  • Dead Himmler

    It's a question of morality. Some things are worth risking your own skin. Not a hard decision really.

  • laisla

    I agree. Well said.

  • grandeur

    really?

    As of today I am no longer taking the subway. Bicycle and taxi only.

    I'll start a blog of protest. It will not likely do anything, but I have the satisfaction of not contributing to the paychecks of these sociopaths.

    Have a heart G train conductors.

  • fugothamist

    unfortunately even if you don't ride the subway, you will pay for their paychecks, pensions, and early retirement

  • shovel

    The agent, conductor, and judge in this case are all (shockingly) men. I wonder if they would be singing a different tune if the victim was a woman close to them? I also wonder if the women in their lives will now be disowning them. I certainly would!

    Then again, as I exited the G train the other day, a woman was running to the first car (the short trains often require a sprint). She slowed down to a jog 10 feet from the train, because the conductor was looking directly at her. He then closed the doors AS SHE REACHED THE CAR. I mean, if we can't expect the MTA to act like humans in more common situations, I guess we can't expect them to do a simple thing like hold the train in the station or call 911 for a rape. Fucking scumbags.

  • las2381

    what about replacing all of the MTA station clerks with police officers, especially at the stations where the clerks are not able to process any transactions so all they do is tell people who are lost where to go. I am sure they could train cops to do that. At least we would all feel a little safer.

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