Construction Group Partner Patrick M. Caruana Obtains Groundbreaking Summary Judgment Dismissing the Plaintiff’s Complaint Against the Firm’s Transit Clients in “Subway Surfing” Case

The Cullen and Dykman Construction Litigation Team secured a groundbreaking dismissal of a wrongful death action on behalf of the Firm’s transit clients in a tragic “subway surfing” case. The plaintiff's teenaged son attempted to climb atop a roof of a moving subway train that was crossing a bridge to “subway surf” when he was fatally injured after falling from the roof and onto the tracks.

The plaintiff alleged that the transit clients were negligent in failing to lock the subway car doors or to place barriers to prevent the plaintiff’s son from accessing the subway car roof, in failing to have more employees on the subway cars to monitor passengers and in failing to post warning signs. The plaintiff also sued social media entities under different theories of liability including strict product liability. Unlike the transit clients, the court declined to dismiss the complaint against the social media co-defendants.

Cullen and Dykman argued that the plaintiff’s son’s own reckless and highly dangerous action of climbing atop a moving subway train was so obviously fraught with danger that by its very nature demonstrated a wanton disregard for his own personal safety that severed the chain of negligence against the transit clients.

The court agreed that “to hold that [plaintiff’s son]—clearly no stranger[] to the subway system—[was] not aware of the extreme hazard in [subway surfing,] would be to ignore the realities of life in this City.” Accordingly, the court granted the motion and dismissed all claims against the transit clients.

To view a copy of the Decision: Click Here