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Train Accidents

Difficulties of Dealing with the TA

September 15, 2017 | Dominique A. Penson

Our firm was recently contacted and interviewed by a local newspaper doing a story about the NYC Transit Authority. The TA was on the reporter’s mind because following a subway derailment in Harlem, TA management blamed the derailment on track workers for not properly securing equipment to be used in repairs. But the TA was typically tightfisted about sharing investigative information. The reporter knew that our firm has had many cases against the TA, including trials and appeals. He wanted to know if the TA was more forthcoming with information when it came to lawsuits than when it comes to the public and the press. The answer is a resounding “no.”

In fact, the TA is the most difficult municipal agency that we deal with — the authority fights everything, even when it doesn’t have a leg to stand on, and volunteers nothing. It flouts court rules and orders that require the exchange of information. Winston Churchill famously said, “Never give in. Never give in. Never, never, never, never — in nothing, great or small, large or petty — never give in, except to convictions of honor and good sense.” The TA has armed itself with Sir Winston’s advice but forgotten the qualification at the end: “except to convictions of honor and good sense.” It’s fine to fight to the end when you’ve got the facts or the law on your side. But if you’re the TA and you have neither, you’re just wasting taxpayer money, defending a hopeless cause that you will lose in the end, and costing taxpayers still more money in big verdicts.

If you think you have a case against the TA, make sure to hire lawyers with experience fighting the NYC Transit Authority — lawyers who are willing to take your case to the end. Because the TA will make you go to the end to get the justice you deserve.

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