In a distressing incident at the Atlantic Avenue Station in Brooklyn on December 10, 2017, an MTA conductor is now the subject of a lawsuit filed by Melissa Capers. Capers alleges that the conductor’s reckless endangerment caused significant harm to her 9-year-old son, identified as “J.C.”
According to court documents filed in Brooklyn Supreme Court, J.C. was boarding a Manhattan-bound “L” train when the conductor closed the door on him. This negligent act resulted in half of the child’s body being trapped outside the moving train, and he was subsequently dragged about 40 feet.
The lawsuit, filed on Wednesday, reveals that the conductor only stopped the train when the incident drew the attention of passengers who began screaming.
The consequences of this reckless act were severe. J.C., who was with his mother’s boyfriend at the time, suffered two bilateral fractures to both femurs. The injuries were so extensive that the child had to undergo significant surgery to address the damage. According to Daniel Leav, Capers’ attorney, the conductor’s action led to J.C. being dragged for several feet before he fell, causing traumatic injuries that have had a lasting impact.
Since the incident, J.C. has been wheelchair-bound, marking a period of immense difficulty and recovery. Only recently has he started the process of learning to walk again, highlighting the long-lasting effects of the incident.
The court papers state that J.C. “was attempting to enter the train that was in the station when suddenly the train doors closed upon infant plaintiff without warning.” The documents further describe how he “was caused to fall between the train gap and the platform, he was caused to be twisted and dragged for several feet.”
The negligence claim in the lawsuit is seeking unspecified damages, asserting that the NYC transit system was clearly negligent in this case.
Negligence aside, the MTA has yet to respond to the incident or the lawsuit. While incidents of passengers getting caught in train doors may be common, conductors typically open the doors to assist stuck customers. In this case, the conductor’s failure to do so resulted in a traumatic event for a young child and has led to legal action against the MTA.
It is worth noting that conductors accused in such cases often provide public statements explaining their state of mind during the incidents. However, the conductor involved in this December 2017 incident has yet to comment publicly on the matter.
As the legal proceedings unfold, the case serves as a stark reminder of the potential dangers associated with negligent actions within the public transit system and the lasting impact they can have on individuals, especially young passengers. The outcome of this lawsuit may not only bring justice to the affected family but also prompt a review of safety measures and procedures within the MTA to prevent similar incidents in the future.