Elmer Villata Cruz v. New York City Transit Authority – Index No.: 720968/2020 – Queens County Supreme

Brief Factual Summary: This matter arose as a result of a train derailment which occurred on May 2, 2024. The plaintiff was a passenger on the F train at the 65th Street station in Woodside, Queens.  As a result of the incident, plaintiff claims to have had surgeries to his hip, knee and cervical fusion as well as PTSD. Liability was conceded and the matter proceeded to trial on damages. Plaintiff demanded $20 million in damages, including $1.7 million in medical expenses and over $900 thousand in lost wages. The jury only awarded the plaintiff 1.28 million total for damages.