One Million Dollar Notice of Claim Against the LIRR and MTA

Former State Senator Carol Berman and her husband Seymour J. Berman of Lawrence Filed a One Million Dollar Notice of Claim Against the LIRR and MTA.

October 26, 2006, Lawrence, New York – Carol Berman, a former state senator filed a one million dollar law suit against the Long Island Railroad and Metropolitan Transportation Authority today  for negligently allowing gaps between the train and the platform to exist at the Lawrence New York LIRR station.  For failing to have the trains door meet the platform so that there would be no gap between the trains door and the platform. For serious physical injuries and pain and suffering that resulted to Carol Berman as a result of her falling in the gap between the train and the platform while exiting the train.  For loss of consortium and companionship on behalf of Seymour J. Berman due to the extensive and serious injuries sustained by his wife Carol Berman.

On September 28, 2006 Carol Berman exited a LIRR train at the Lawrence, New York station at approximately 4:00 P.M.  At that time there was a 10 inch gap between the door and the station platform.  The sun blinded her as she stepped off of the train and she fell 4 feet onto the tracks. She was injured there due to the defective design, construction, maintenance and repair of the station in general and this platform in particular

Mrs. Berman was hospitalized immediately after her fall to the tracks and suffered a fractured leg that required surgery as well as bruised ribs.  Although the fracture was repaired after surgery she had to be hospitalized again for a serious infection.  Currently she is recuperating at home while on intravenous antibiotics.

Prior to the fall Mrs. Berman was a very active senior citizen who enjoyed playing golf with her husband Jerry.  The fall caused her to become wheel chair bound and currently unable to walk more than a few steps.

Berman, who rode the LIRR into the city about twice a week prior to this incident said, “I am surprised that when the LIRR contracted for new trains that there were no specifications put in place that would eliminate the gap problem.  I am anxious to see the contract that the LIRR entered into with the train manufacturer”. 

Berman’s attorney Saul Bienenfeld was shocked to learn that the LIRR had known about the “gap problem” for years and did absolutely nothing to repair this defective condition.  “The fact that the gap problems were repaired at Shea Stadium in a short time prior to the Mets playoffs proves that the LIRR was keenly aware of the problem, can fix the problem in all stations but chooses not too.  The lack of concern for all of its customers is shocking and borders on criminal behavior.”

Carol Berman’s husband, Jerry is quite concerned about his wife’s health and does not understand why countries all over Europe have trains without any of the gaps that are found with the LIRR trains.  

For more information please contact:

Saul Bienenfeld
Bienenfeld & Wertman P.C.
26 Broadway, 21st Floor
New York, New York 10004
212-363-7701  phone
212-363-7703  fax
www.bienwertlaw.com