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MBTA Lawsuit Payouts

Discussion relating to the commuter rail, light rail, and subway operations of the Massachusetts Bay Transportation Authority (Boston Metro Area). Official web site can be found here: www.mbta.com.

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MBTA Lawsuit Payouts

Postby ags » Fri Oct 31, 2008 8:08 am

From 7-NBC
The door of a green line car closes on a passenger -- the T pays $6,000

A bus smashes into this stone wall on Washington Street -- the T pays $10,000

A trolley knocks a bike rider onto Beacon Street-- $60,000

We obtained the T's legal claims for the last two years--hundreds of them! Adding up to more than 17 Million dollars! Big, big bucks the T paid out to make up for its mistakes and unsafe conditions and negligence.

Attorney Jason Stone, Boston
"They're supposed to be extremely cautious, so they're supposed to put their schedules second and the safety of their passengers first. "

Hank Phillippi Ryan
"Does that always happen? "

Attorney Jason Stone, Boston
" Apparently not ."

An agency that's already cash-strapped, raising fares and doubling parking fees is depleting its bank accounts using your tax dollars to pay out legal settlements!

From $75.00 for damaged clothing to $10,000 for falling on a platform to $75,000 for being injured on an escalator. More than 1200 individual damage awards last year, that's an average of three payouts a day.

Hank Phillippi Ryan
"Three times a day, the T is paying for something that shouldn't have happened! "

Atty. Jonathan Feltner, MTBA Legal Dept.
"It does bother me that it's three, I wish it were zero. But it's not an extraordinary number in terms of the total ridership that we have. "

Francine Sahlas was at this Beacon Street stoplight when her car was sideswiped by a bus.

Francine Sahlas, victim
"There was never any question as to whose fault it was, the bus driver admitted it."

Paul Chebiniak was riding his bike near Fenway. He was awarded $60,000 after a Green Line smashed into him, sending him to the emergency room..

Paul Chebiniak, victim
"Another rider was hit as well."

31 injuries when a bus suddenly stopped 72 incidents where a green line hit a car 754 Bus collisions! People hit by doors and falling on stairways.

Rovan Anderson's portable shopping cart was smashed under the bus door.

Rovan Anderson, victim
"The bus came full weight down on the wheels of the cart and cut it in half."

We found sometimes the T pays huge damage awards: $125,000, $187,000, $385,000, $495, 000 and that makes the T different from any other Massachusetts state agency. If your car gets hit by a state highway department vehicle for instance, or you slip and fall down the state house steps the law sets a $100,000 cap on damages.

But the legislature said for the T--there's no limit. With a cap? We calculated the T would have saved more than 2 million dollars last year alone.

T officials are pressing Beacon Hill to change the rules.

Atty. Jonathan Feltner, MTBA Legal Dept.
"It would be beneficial for the T and for the taxpayers who fund the T."

But those who represent victims say--there's a better use of their time.

Attorney Jason Stone, Boston
"By training their drivers, by maintaining their facilities, and then they couldn't have to pay out so much in settlements."

Another way to calculate the payouts, sometimes the total of the damage awards gets so high, the Ts budget to pay them just runs out! And victims have to wait until money becomes available in the next years budget.


http://www1.whdh.com/features/articles/hank/BO92906
Copyright (c) 2008 Sunbeam Television Corp. All Rights Reserved.
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Re: MBTA Lawsuit Payouts

Postby Unfixed ShihTzu » Fri Oct 31, 2008 10:01 am

No matter how long you train the drivers, you will still have the idiots in their cars trying to make an illegal turn in front of a trolley or the bicyclist who thinks he has the right of way all the time, even when the light is red.

But if they're gonna pay me $10,000 for falling on a platform cause my head was up my ass, then it might be worth taking a dive and spending a few hours in an ER.
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Re: MBTA Lawsuit Payouts

Postby dieciduej » Fri Oct 31, 2008 11:41 am

There are valid claims and there are just stupid claims. The accident on the Riverside line will yield valid claims, people were injured and a person killed. But the person who makes the illegal left or where a red light means nothing are just lucky. Lucky, of course, because there will be a lawyer out there that is willing to fight the cause. The legal system rewards a person’s stupidity.

Saw a video of a bus, not MBTA, half way through an intersection and a car go through a red light in front of the bus and get t-boned. The police arrest the person for DUI and found guilty in “Criminal Court.” They were defended by a public defender. The now criminal has a second, private, lawyer for the civil case. It goes to “Civil Court” and for some unexplained reason, video tape and all, the criminal is awarded money $2,000 to be exact. So for their illegal act they get money.

I have always said the civil justice system is there to protect the stupid and the corporations.

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Re: MBTA Lawsuit Payouts

Postby RailBus63 » Fri Oct 31, 2008 4:04 pm

72 incidents where a green line hit a car 754 Bus collisions!


Without any context, this is really poor reporting. The numbers sound enormous to the ignorant but are really quite small given the number of vehicles operated every day by the Authority.

Rovan Anderson's portable shopping cart was smashed under the bus door.

Rovan Anderson, victim
"The bus came full weight down on the wheels of the cart and cut it in half."


'Under the door'? What is she talking about?

Then again, given the stupidity I've witnessed on public transit over the years, I'm inclined to think that Rovan attempted to hold the door open with the cart and lost.
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Re: MBTA Lawsuit Payouts

Postby Disney Guy » Fri Oct 31, 2008 4:19 pm

But were all these cases the T's fault?

Was the T or its insurance company throwing in the towel as opposed to defending the cases?
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Re: MBTA Lawsuit Payouts

Postby theseaandalifesaver » Fri Oct 31, 2008 6:34 pm

So all I have to do for some extra cash is ride my bike near the green line tracks?
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Re: MBTA Lawsuit Payouts

Postby dmoisan » Fri Oct 31, 2008 9:03 pm

Unless the woman's cart got caught under the door when the driver lowered the front? I'm going off topic.
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Re: MBTA Lawsuit Payouts

Postby AutisticPsycho » Fri Oct 31, 2008 10:25 pm

It's channel 7 and Hank Phillippi Ryan... what more do you expect from this... all they ever do is play the blame game.
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Re: MBTA Lawsuit Payouts

Postby dbperry » Fri Oct 31, 2008 11:51 pm

RailBus63 wrote: Without any context, this is really poor reporting. The numbers sound enormous to the ignorant but are really quite small given the number of vehicles operated every day by the Authority.


Agreed. Another example of poor / sensational journalism. Here are some questions that I want answered:

1) What is the amount and value of claims paid out by other transit agencies? And then please prorate those values to account for different sizes of the agencies.
2) How much was settled out of court and how much was awarded by jury?
3) How much was covered by insurance, and what are the insurance premiums, and have the insurance premiums gone up as a result of these claims?
4) What was the estimate of $$ saved by settling some claims out of court, even if they were questionable? Sometimes it is better to settle, rather than pay lawyers AND risk a trial...

Oh well....

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Re: MBTA Lawsuit Payouts

Postby bbfen » Sat Nov 01, 2008 12:38 pm

Unfixed ShihTzu wrote:No matter how long you train the drivers, you will still have the idiots in their cars trying to make an illegal turn in front of a trolley or the bicyclist who thinks he has the right of way all the time, even when the light is red.

But if they're gonna pay me $10,000 for falling on a platform cause my head was up my ass, then it might be worth taking a dive and spending a few hours in an ER.


I love the way you assume the MBTA was in the right, and the claimant was in the wrong.
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Re: MBTA Lawsuit Payouts

Postby jamesinclair » Sun Nov 02, 2008 7:21 pm

How is this the MBTAs fault?

Blame the legal system and the idiots that abuse it
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Re: MBTA Lawsuit Payouts

Postby concordgirl » Mon Nov 03, 2008 11:24 am

Idk if any of you guys were active at all in the Chatsworth, CA, crash forum, but there is an entire law firm in SoCal that has existed almost exclusively-- for decades-- for the purpose of suing CA mass transit when accidents happen. Their website was pretty open abt it. They refer to themselves as experts in the field, and they just occupy that one niche..... so yeah just like there are ambulance chasers, there are train chasers too :(
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Re: MBTA Lawsuit Payouts

Postby Unfixed ShihTzu » Tue Nov 04, 2008 5:47 pm

bbfen wrote:
I love the way you assume the MBTA was in the right, and the claimant was in the wrong.



Judging from my personal experiences witnessing accidents and my lack of faith in society, I would bet money that more often than not the MBTA was in the right and the claimant had their head someplace it shouldn't be. Either that, or they were on their cell phone.
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Re: MBTA Lawsuit Payouts

Postby CSRR573 » Mon Nov 10, 2008 2:12 am

Wouldn't the green line have the right of way when it comes to grade crossings?
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Re: MBTA Lawsuit Payouts

Postby Disney Guy » Mon Nov 10, 2008 9:02 am

Having the right of way means very little in an accident occurring in Massachusetts and in many other places. Unlike extra time needed to board an airplane with your family and get settled (some airlines don't preboard families with small children) right of way is something that is given or granted or proffered as opposed to taken or consumed.
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