Passenger to sue LIRR for $1 million after getting pushed off a moving train. Here's what she says happened.
BRENTWOOD, N.Y. -- A Long Island Rail Road passenger commuting from her restaurant job says she was literally pushed off a moving train at her Brentwood station by a belligerent rider.
She told CBS News New York on Monday she plans to sue for $1 million, claiming the railroad did not protect her.
Plaintiff explains what she says happened
Jennifer Summer says as the LIRR train approached the station she observed a drunk and unruly passenger using an emergency control panel to open the doors.
"He, like, comes to the door where we were standing and there is this little metal hatch and he lifts it open and pulls the thing down," Summers said.
She said the train was moving about 5 mph when the doors partially opened, adding the man shouted for everyone to jump and that the train wasn't scheduled to platform.
"Within a split second his hands were around my elbows and he thrust me off the train," Summers said. "Next thing I know I'm on the ground, my head. It happened so fast. I felt my body leaving the train. Just thought tuck and roll," Summers said.
Summers hit her head hard and required a scalp staple.
"It was a moving train. Who in their right mind would think the LIRR would allow a moving train with the doors open?" attorney Kenneth Mollins said.
Mollins plans to sue, citing passenger safety negligence.
Alleged attacker arrested on assault charges
After filing the notice of claim against the LIRR, Summers says was contacted by the MTA police, officers showed her a photo lineup, and she identified her alleged attacker.
The LIRR said a 51-year-old Bay Shore man was arrested on misdemeanor assault charges.
"Everybody was yelling and banging for the conductors, yelling about the door being open," Summers said. "There was no alarm, no flashing lights when this door went open."
Summers alleges the conductor observed the incident.
"Before I even got to stand up they were already gone, pulled away, didn't even take the guy off the train," Summers said.
The LIRR said it cannot comment on pending litigation.
MTA police have stepped up patrols to address crime on the LIRR. Last year's felony assault reports were the most in nearly two decades.
