That’s one pricey set of toes.
A Bronx jury has ordered the MTA to pay $22.75 million to a bike delivery worker who lost all five toes on his left foot after falling from a deteriorated subway platform, deciding the agency should be held accountable for the life-altering injury, the NY Post reports.
The incident occurred in June 2017, when 24-year-old Maruf Hossain tripped over a damaged section of the Parkchester station platform and tumbled onto the tracks just as a train approached.
The Bangladesh-born courier suffered a catastrophic injury in the fall, losing every toe on his left foot. The impact from the train also caused his hip to become dislocated, broke his pelvis, and left him with injuries to his spine and head, according to the lawsuit he filed.
Hossain testified that he now requires round-the-clock medical attention and assistance at home to manage daily activities.
Although Hossain had initially sought $20 million in damages, the MTA reportedly attempted to resolve the case for a mere $100,000, his attorney told The NY Post.
In the end, the jury awarded him even more than he had requested—$2.75 million above the original amount.
“After years of the Transit Authority trying to bully me into an unfair settlement, the jury saw through their lies and gave me a second chance at living a normal life,” Hossain said in a statement to The Post.
His lawyer, Nick Liakas, said the trial exposed how far the Transit Authority would go to avoid accepting responsibility for a hazardous condition that endangered commuters.
“The client had tripped on a defect on the yellow portion of a very narrow train platform,” Liakas explained.
“The transit authority maintained that the plaintiff tried to commit suicide and jumped and that there was no defect at the area where he claimed to fall.
“They had a teenage witness who testified that she saw him jump in front of the train … along with a transit authority cleaner who testified he heard, ‘Don’t jump, don’t jump,’ ” the lawyer said.
“We showed that the transit authority likely authored the witness statement themselves and passed it off as an independent statement. The jury agreed.”
Three days after the incident, Hossain underwent a psychiatric evaluation at Jacobi Hospital. Early reports by EMS had suggested he may have either slipped or jumped onto the tracks.
“I did not try to kill myself, no, never,” Hossain told the examining psychiatrist, according to the assessment filed in court.
The report stated Hossain recalled it being a busy morning during Ramadan, and that the platform was packed with commuters as he made his way to his job in Lower Manhattan.
“I don’t know how I fell down. I know I did not jump or tried [sic] to kill myself, no, no way,” he said.
According to court records, doctors found no evidence of any psychiatric disorders or substance abuse in Hossain’s history.
He also denied suffering from depression, stating that he had emigrated from Bangladesh five years earlier and had aspirations of becoming an American citizen.
“I am making $1,000 a week. I am happy. Planning to get married next year,” he said in the exam, adding that he had no children.
Psychiatrist Nabil Karroum, who evaluated him, noted that Hossain “seems well adjusted” and displayed no signs of suicidal behavior.
His attorney confirmed to The Post that Hossain is now a U.S. citizen, though he remains unmarried.
Six months after the incident, Hossain filed a negligence lawsuit against the MTA, alleging that the faulty platform caused him to fall onto the tracks.
Emergency responders arriving at the scene found his toes had already been severed, with a medical expert later describing the condition of his foot as “truly mangled,” according to testimony.
Tom Stebbins, head of the Lawsuit Reform Alliance of New York, pointed to the case as another example of the state’s tendency toward large jury awards.
“While I can’t comment on a specific case without knowing all the facts, we know New York’s civil justice system is ranked as one of the most costly in the nation and is a magnet for nuclear verdicts — runaway verdicts of over $10 million — that drain public budgets and divert funds from government services and infrastructure improvements,” Stebbins said in a statement.
“The City pays out more in settlements and verdicts than the next largest cities combined.”
The jury’s decision may still be appealed or challenged in post-trial motions.
“The MTA is reviewing the verdict while assessing all legal options,” MTA spokesperson Meghan Keegan told The Post.
Though the $22.75 million verdict is significant, it doesn’t top the list of jury awards against the MTA.
In a separate case last year, a man struck by a train received a $90 million jury verdict—though that amount was later reduced to under $40 million through post-trial motions.
Also in 2024, jurors awarded $72.5 million to a cancer patient who had been hit by an MTA bus.
And in 2019, a young man paralyzed by a falling railroad tie secured a jaw-dropping $110 million judgment.
It remains unclear whether the full awards in those two latter cases were ultimately upheld.
{Matzav.com}