Subway Station Fall

This verdict serves as a decisive condemnation of the Transit Authority’s prolonged failure to protect its riders. The jury held the Authority accountable for its callous refusal to take effective corrective action in the face of a known, deadly hazard. For decades, Transit executives watched the number of innocent passengers maimed and killed grow, yet they chose to do nothing different.

Testimony from Transit Authority officials and the Authority’s own internal records established that, for decades before this tragedy, among subway systems of comparable size, New York City was the absolute worst among the global community of metros regarding passengers falling onto tracks. The Authority knew that other transit systems around the world had already implemented proven mitigation strategies, such as platform screen doors and track intrusion detection systems. The evidence showed that despite being apprised of a weekly cycle of catastrophic events—fatalities, amputations, and devastation that shattered the lives of the victims being struck, their families, and even the train operators, the TA refused to implement known effective safety measures. The Transit Authority made excuses, rejected known solutions, and never even conducted a safety study on how to best prevent passengers from falling onto the tracks or being struck by trains.

The jury also flatly rejected the Transit Authority’s most offensive argument—the cold calculation that because over a billion people ride the subway each year, 3 to 5 train strikes per week is "reasonable" and that the resulting carnage was acceptable and required no corrective action.

During my initial investigation, I uncovered internal documents showing that from 2001 to 2012, approximately 150 people were struck by trains annually, and at least one person was killed every week. The Transit Authority treated each of these tragedies as just a fact of life for the system and simply the cost of doing business. From 2006 to 2016, the numbers increased, yet the Authority continued "business as usual," ignoring foreseeable and preventable harm. Any gestures toward safety came only in response to negative media attention—not the steady toll of human life. The body of evidence in this case made clear that on time service, not safety was and is their number one priority, resulting in no safety measures being installed prior to August 2, 2016, to protect Luisa from falling onto the tracks and being struck by a train.

Most importantly, this verdict ensures lifelong care for Luisa, a young woman who did absolutely nothing wrong. Representing her has been the honor of my life. She possesses a beautiful, indomitable spirit. If you look up the word "courage" in the dictionary, you will find her picture. She is a beacon of character, and with this jury verdict justice has finally been served for her.

More information here.

Practice Areas

Mass Transit Accidents, Personal Injury, Subway Accidents

Outcome

$81,700,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Municipal Highway Design

In this case, a 16 year-old girl was learning to drive on a parking lot built on a pier over 22-foot deep water without a license or permit, and lost control of her vehicle. The vehicle went through two fences, four parking stops, and into the deep water below. The fencing surrounding the pier was inadequate to stop a motor vehicle. This was a complicated highway design case where we had to overcome alleged municipal code defenses, immunity defenses, and the claim that it was all the inexperienced driver’s fault. The victim sustained brain damage due to a lack of oxygen. We were forced to try this case and we obtained a verdict of 80% against the Defendants. The case was ultimately resolved for a cumulative total of $9.5 million.

Practice Areas

Car Accidents, Construction Accidents, Personal Injury, Premises Liability

Outcome

$9,500,000 Trial Verdict 

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Auto Passenger Collision Injuries

Practice Areas

Car Accidents, Motor Vehicle Accidents, Personal Injury

Outcome

$5,800,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Automobile/Truck Accident

The plaintiff was in a car accident where he was rear-ended, suffering multiple severe injuries and Traumatic Brain Injury. Despite not having surgery or any fractures, we were able to achieve a significant recovery for our client. 

Practice Areas

Car Accidents, Motor Vehicle Accidents, Personal Injury, Traumatic Brain Injury, Truck Accidents

Outcome

$5,100,000 Settlement 

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Police Shooting-Wrongful Death

Our client, a 21 year-old college junior from Tarrytown, NY, died after a police bullet struck her head on May 17, 2013. The wrongful death lawsuit accused the police department of failing to properly train officers and communications operators on how to handle hostage situations, and of inadequate supervision during such incidents. We were able to obtain $4,500,000 on behalf of the student’s family.

This case received significant coverage in the news-- read more here

Practice Areas

Civil Rights, Personal Injury, Wrongful Death

Outcome

$4,500,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Slip and Fall on Parking Lot Ice

Our client, who was an employee of the Government Services Administration, slipped and fell on ice and was severely injured while she was walking in a lower level parking garage. 

Practice Areas

Personal Injury, Premises Liability , Slips, Trips & Falls

Outcome

$4,000,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Pedestrian Hit by a Bus

A 50 year-old woman employed as an account manager was crossing the street on her way to work when a bus made a turn and struck her in the crosswalk. This was a complicated case because the woman sustained a brain injury and had no memory of the schoolbus striking her. Our client was hospitalized for several weeks with a brain bleed. In spite of our client’s inability to recall the incident, we were able to obtain an award of $4 million.

Practice Areas

Bus Accidents, Car Accidents, Motor Vehicle Accidents, Personal Injury, Traumatic Brain Injury

Outcome

$4,000,000 Settlement

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Scaffolding/Ladder/Construction Site Injuries

Plaintiff was installing sheetrock on a metal frame for an interior roll-up security gate/door. The frame was attached to the twenty (20) foot-high ceiling. In order to reach the height of 17-20 feet, he was provided a six (6) foot-high scaffold and an A-frame ladder to place on top of the scaffold. This is a typical dangerous situation that many workers are forced into when their employers cut corners on safety. While the Plaintiff was standing on the ladder working on securing sheetrock to the frame, suddenly and without warning the ladder fell off the scaffold, causing the Plaintiff to fall to the concrete floor below.

Practice Areas

Construction Accidents, Ladder Injuries, Personal Injury, Scaffolding Accidents

Outcome

$3,250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Truck Accident

Our client was driving on a highway when a truck made a turn from the middle lane, crushing our client's car. Our client sustained multiple injuries, including post-traumatic stress disorder and other orthopedic injuries which did not require surgery. In addition, he sustained a traumatic brain injury. We were able to obtain a $3 million settlement.

Practice Areas

Motor Vehicle Accidents, Personal Injury, Traumatic Brain Injury, Truck Accidents

Outcome

$3,000,000 Settlement 

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Construction Site Ladder Injury

Our client was installing air conditioning ductwork which was attached to a ceiling approximately 15 feet high. In order to reach the height, the Plaintiff was provided only a seven (7) foot-high A-frame ladder. To perform his task, he was standing on the top step beneath the top shelf of the ladder. Suddenly and without warning, the ladder tipped over and fell, causing the Plaintiff to fall and sustain fractured arms and eventual back surgery.

Practice Areas

Construction Accidents, Ladder Injuries, Personal Injury, Unsafe Construction Site

Outcome

$2,675,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Ladder Fall at Construction Site

The Plaintiff was working at a new high rise building construction project hammering nails into pieces of wood called “stringers”. The area in which the Plaintiff was working was at a height that required him to use a ladder, so the Plaintiff was provided with an A-frame ladder. The Plaintiff was forced to work in the rain, which caused the surface to be slippery. While he was working, the ladder slipped on the wet floor and fell, causing the Plaintiff to fall to the concrete floor below. As he fell, pieces of wood fell on top of him, hitting him in the head. He fell approximately six (6) feet onto the concrete ground and was knocked unconscious. 

Practice Areas

Construction Accidents, Ladder Injuries, Personal Injury, Traumatic Brain Injury, Unsafe Construction Site

Outcome

$2,250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Pedestrian Struck by a Falling Sign

Our client, who was gainfully employed in a hair salon, was walking on the sidewalk when a truck backed into a lamppost. This lamppost fell over and struck her, causing a traumatic brain injury. Although she had no visible physical injuries, we were able to obtain a recovery of $2.2 million.

Practice Areas

Motor Vehicle Accidents, Personal Injury, Traumatic Brain Injury, Truck Accidents

Outcome

$2,200,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Sexual Abuse

Our client was in her apartment, and because her family occupied most of the building, she did not keep her door locked. The super walked in and sexually assaulted her. We discovered that the defendant had previously been charged in another state, and the slumlord never performed a background check prior to hiring him. Despite the police refusing to press charges, we were able to obtain a verdict of $2 million.

Practice Areas

Personal Injury, Premises Liability

Outcome

$2,000,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Improper Liposuction Surgery

Our client was lured into a high-volume plastic surgery group that was sharing fees with salespeople to obtain clients. They did not have proper anesthesia nor did they monitor her properly: our client suffered a stroke and heart attack during a “routine” plastic surgery. We obtained a verdict of $1.87 million.

Practice Areas

Medical Malpractice, Personal Injury

Outcome

$1,870,000 Trial Verdict 

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Injuries from Surgical Mesh Procedure

Our client was a victim of abdominal adhesions which caused numerous infections and required the removal of necrotic (dead) tissue. We were able to recover $1.2 million.

Practice Areas

Medical Malpractice, Personal Injury

Outcome

$1,200,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Rear-End Collision

The Plaintiff was driving a car for work when a 5,400-pound Freightliner truck operated by the Defendants crashed into the back of his vehicle, which was stopped at a red light at the intersection. The Plaintiff injured his neck and was forced to undergo surgery.

Practice Areas

Outcome

$950,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Read End Motor Vehicle Collision

Practice Areas

Car Accidents, Motorcycle Accidents, Motor Vehicle Accidents, Personal Injury, Truck Accidents

Outcome

$850,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Pedestrian Hit by a Car

Practice Areas

Car Accidents, Motor Vehicle Accidents, Personal Injury

Outcome

$850,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Motorcyclist Ran Over by Taxi

Practice Areas

Motor Vehicle Accidents, Personal Injury, Wrongful Death

Outcome

$750,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Subway Station Gap Injuries

Practice Areas

Mass Transit Accidents, Personal Injury, Slips, Trips & Falls, Subway Accidents, Train Accidents

Outcome

$750,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Slip and Fall - Faulty Floor

The Plaintiff was exiting an elevator during work while a new floor was being set. The Defendant’s floor installers failed to put up proper warnings so that the Plaintiff would not have left the elevator. Unfortunately, the Plaintiff exited the elevator and tripped on flooring materials. She injured her knee, which required surgery.

Practice Areas

Personal Injury, Premises Liability

Outcome

$725,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Slip and Fall - Faulty Kitchen Floor

Practice Areas

Construction Accidents, Personal Injury, Premises Liability , Slips, Trips & Falls

Outcome

$600,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Tow-Truck Car Accident Injuries

Practice Areas

Car Accidents, Motor Vehicle Accidents, Personal Injury, Truck Accidents

Outcome

$550,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Construction Worker Injuries - Dumpster

Our client, a 68-year-old construction worker, was forced to walk in a partially-filled dumpster to move garbage around to fill voids. While moving some debris, a piece of rebar snapped up and knocked our client out of the dumpster, causing bilateral (both sides) calcaneal (heel bone) fractures. We obtained a $550,000 result.

Roth & Roth’s team took on the case in a matter of first impression and the issue was won at the Appellate level, creating new laws regarding dumpsters/ This was the first reported case in New York State where a worker who fell out of a dumpster was found to be covered under the Labor Law.

Practice Areas

Construction Accidents, Personal Injury, Unsafe Construction Site

Outcome

$560,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Truck Accident Injuries - Broken Seat Belt

Our client was a front-seat passenger in a leased truck that had a broken seat belt. Despite the Defendants having a worker's compensation defense, we were able to find liability by proving the seat belt was broken. Our client sustained back surgery that required a lumbar (lower back) fusion surgery– we recovered $545,000.

Practice Areas

Motor Vehicle Accidents, Personal Injury, Truck Accidents

Outcome

$545,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Broken Sidewalk Injuries

Practice Areas

Broken Sidewalks, Construction Accidents, Personal Injury, Premises Liability

Outcome

$450,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Slip and Fall at Subway Station

Plaintiff was walking down subway stairs and slipped and fell due to a long-term leak in the celiing above. 

Practice Areas

Mass Transit Accidents, Personal Injury, Premises Liability , Slips, Trips & Falls, Train Accidents

Outcome

$450,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Injuries from Defective Staircase

Our client tripped and fell due to peeling linoleum on an interior staircase. He suffered a closed fracture of his tibia (shin bone) which unfortunately became infected. We were able to recover $450,000.

Practice Areas

Personal Injury, Premises Liability

Outcome

$450,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Bus Sideswipes Car

Practice Areas

Bus Accidents, Car Accidents, Motor Vehicle Accidents, Mass Transit Accidents, Personal Injury

Outcome

$400,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

False Arrest + Wrongful Conviction

Practice Areas

Civil Rights

Outcome

$325,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Icy Parking Lot - Slip and Fall

Practice Areas

Outcome

$315,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Trip and Fall - Sidewalk

Practice Areas

Broken Sidewalks, Construction Accidents, Personal Injury, Premises Liability , Slips, Trips & Falls

Outcome

$250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Pedestrian Hit by Sanitation Truck

Practice Areas

Car Accidents, Motor Vehicle Accidents, Personal Injury, Truck Accidents

Outcome

$250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Pedestrian Hit by Motor Vehicle

Practice Areas

Car Accidents, Personal Injury

Outcome

$250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Improper Laser Facial Surgery

Practice Areas

Medical Malpractice, Personal Injury

Outcome

$250,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

False Arrest

Practice Areas

Civil Rights

Outcome

$175,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Slip and Fall in a Restaurant

Practice Areas

Personal Injury, Premises Liability , Slips, Trips & Falls

Outcome

$175,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Employee Hit by Forklift

Practice Areas

Construction Accidents, Personal Injury, Premises Liability

Outcome

$167,500

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Subway Gap Fall Injuries

Practice Areas

Mass Transit Accidents, Premises Liability , Slips, Trips & Falls, Subway Accidents, Train Accidents

Outcome

$135,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Bouncer Attack

Practice Areas

Personal Injury, Premises Liability

Outcome

$90,000

Attorney advertising and prior results do not guarantee a similar outcome. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.