• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Resources
    • Videos
    • Notable Cases
    • Nursing Home Citation Map
    • Nursing Home Citations
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Resources
    • Videos
    • Notable Cases
    • Nursing Home Citation Map
    • Nursing Home Citations
  • Contact Us
Call
Contact
Blog
Home  /  Public Transportation Accidents  /  White Plains Personal Injury Attorney Report: First Department Overturns $3.5 Million Verdict In New York Subway Accident Case

White Plains Personal Injury Attorney Report: First Department Overturns $3.5 Million Verdict In New York Subway Accident Case

by Law Offices of Thomas L. Gallivan, PLLC 02 Oct2010

The New York Appellate Division, First Department, recently overturned a $3.5 million verdict in a train accident case. The jury in the case returned a verdict in favor of an intoxicated 22-year-old whose foot was severed after falling on a subway track. The train operator testified that he saw what looked like garbage on the tracks from a distance away, but as the train proceeded, he realized it could have been a person. Once he realized it could be a person, he applied the emergency brake.

Plaintiff and defendant called experts who testified regarding subway train procedures, stopping distances, and reaction time. At the close of evidence, both sides move for directed verdict. Both applications were denied. The jury apportioned fault 65% to defendant and 35% to plaintiff. Defense counsel moved to set aside the verdict, which was denied.

On appeal, the First Department overturned the verdict as being based on insufficient evidence as a matter of law. Plaintiff’s expert reportedly testified based on an “average reaction time” of one second. The Court reasoned, “…in determining that the defendant’s train operator failed to exercise reasonable care because he could have stopped, the jury improperly equated negligence with possession of the motor skill that is essentially a reflex action.”

Website Resource:

Dibble v New York City Tr. Auth., 2010 NY Slip Op 05494, (1st Dept. 2010).

Posted in: Public Transportation Accidents, Personal Injury Law

Primary Sidebar

Get In Touch

Practice Areas

  • Personal Injury
    • Wrongful Death
    • Motor Vehicle Accidents
    • Trucking Accidents
    • Pedestrian Accidents
    • Construction Accidents
    • Scaffolding Accidents
    • Slip, Trip & Falls (Premises Liability)
    • Negligent Supervision at a School or Day Care
    • Sidewalk Falls
    • Elevator Accidents
    • Train and Subway Accidents
  • Nursing Home Neglect & Abuse
    • Bedsores (Pressure Ulcers)
    • Falls & Fractures
    • Malnutrition and Dehydration
    • Physical and Sexual Abuse
    • Wandering & Elopement
    • Unexplained Bruises and Cuts
    • Infection
    • Choking Incidents
    • Medication Errors
    • Group Homes
    • Assisted Living Facilities
  • Criminal/DWI Defense
    • DWI (Driving While Intoxicated)
    • Criminal Defense
    • Traffic Violations
    • DMV Refusal Hearings
    • Sex Crimes
    • Shoplifting & Larceny
    • Assault & Vehicular Assault
    • Drug Possession
    • Drug Sales
    • Weapons Charges
    • Domestic Violence
    • How is a DWI Defined in New York?
    • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?
  • Medical Malpractice
    • Failure to Diagnose Cancer
    • Birth Injuries (Gynecological, Obstetrical)
    • Medication Errors
    • Surgical Errors
    • Gastric Bypass Surgery Errors
    • Emergency Room Errors
    • Failure to Diagnose Heart Attack or Stroke
    • Cerebral Palsy
    • Erbs Palsy Birth Injury
  • Trusts + Estates
    • Wills & Trusts
    • Divorce, Child Support, Custody Issues
    • Elder Law
    • Estate Planning
    • Guardianships
    • Medicaid-Planning
    • Power of Attorney / Health Care Proxy
    • Probate and Estate Administration
    • Surrogate Court Litigation
    • Real Estate
    • Business Formation
    • Wills
    • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Personal Injury

  • Pedestrian Accidents
  • Slip & Fall Injuries
  • Wrongful Death Cases
  • Personal Injury
  • Construction Accidents
  • Scaffolding Accidents
  • Elevator Accidents
  • Subway Accidents

Nursing Home Abuse

  • Nursing Home Abuse and Neglect
  • Bedsores and Pressure Ulcers
  • Brain Bleeds
  • Bruises and Cuts
  • Elopement
  • Falls & Broken Bones
  • Group Home Abuse
  • Infections
  • How to Report Nursing Home Abuse

Car Accidents

  • Car Accidents
  • Car Accident Settlements
  • Distracted Driving Accidents
  • Truck Accidents
  • Delivery Truck Accidents
  • Uber Accidents

Medical Malpractice

  • Medical Malpractice Lawyers
  • Emergency Room Negligence
  • Medication Errors
  • Neurological Injuries
  • Orthopedic Malpractice
  • Ophthalmology Errors
  • Failure to Diagnose
    • Heart Attack or Stroke
    • Leukemia
    • Cancer
    • Bladder Cancer
    • Breast Cancer
    • Colon Cancer
    • Skin Cancer

Birth Injury

  • Birth Injury Lawyers
  • Erb’s Palsy
  • Birth Asphyxia
  • Cerebral Palsy
  • Sepsis Infections
  • Neonatal Infections
  • Brachial Plexus
  • Hypo-Ischemic Encephalopathy
  • Shoulder Dystocia
  • Jaundice
  • Encephalomalacia

Helpful Content

  • Stage 4 Bedsore Lawsuits and Settlements
  • Nursing Home Abuse Citation Map
  • Signs of Nursing Home Abuse
  • Riverhead NY Injury Lawyers
  • White Plains Accident Lawyers

Footer

  • Personal Injury
  • Nursing Home Abuse
  • Medical Malpractice
  • Car Accidents

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC | Sitemap