Win for Segal McCambridge Client in New Jersey Transportation Case


April 12, 2011

Segal McCambridge wins at trial in the Superior Court of New Jersey, Hudson County, on behalf of The Port Authority of New York and New Jersey and Port Authority Trans-Hudson Corporation (PATH).

In 2007, plaintiff Nick Musse was struck by a PATH train and survived.  He sued The Port Authority and PATH, claiming that a condition on the PATH platform caused him to slip and fall onto the tracks.  While on the tracks, he was struck by a PATH train.  Plaintiff further alleged that the PATH train did not stop prior to impact, because of the inattentiveness of the train engineer, and also due to PATH's rules regarding the permissible speed of its trains in the PATH system.  Plaintiff also claimed that the lack of a speedometer and event recorder on the train was a cause of the incident.  On April 11, 2011, after one week of trial, Segal McCambridge moved to bar the plaintiff's expert who was prepared to testify about railroad operations and braking mechanics of trains.  Following a hearing, the Court precluded the expert from testifying on the grounds that his opinion was a "net opinion," unsupported by proper factual data and accepted methodology.   After the plaintiff rested his case, the court granted the Port Authority's and PATH's motion for a directed verdict, due to the plaintiff's failure to meet his burden in proving his case, and dismissed the case.

Christian H. Gannon, David Kostus and Dinesh Dadlani represented The Port Authority and PATH.