In the case of Lamont Powell, he was awarded a $90 million payout after being struck by a train while intoxicated on the subway tracks. The key argument was that the train operator had sufficient time to activate the emergency brake to prevent the collision, highlighting the MTA's responsibility for public safety.
Ira Newman emphasized that the incident underscores public safety protocols, stating, 'This accident never would have happened had the train operator timely pulled an emergency brake according to the MTA's own rules and regulations when seeing people alerting him to someone on the tracks.'
Witnesses frantically waved at the train operator to stop as it approached Powell, with substantial evidence presented in court regarding the operator's inability to respond adequately to the situation.
A former MTA engineer testified that a train going at 16 miles-per-hour would require about 110 feet to stop, whereas the operator had around 360 feet before the collision, thus questioning the train operator's judgment in the moments leading up to the incident.
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