A man who was injured when he drunkenly laid down on railroad tracks in an apparent suicide attempt could not convince a judge to hold the Long Island Rail Road liable for negligence.
Queens Supreme Court Justice Timothy Dufficy (See Profile) observed in De Los Santos v. MTA Long Island Rail Road, 24261/09, that “tragic consequences result when individuals who consume alcoholic beverages come into contact with railroad tracks traveled by speeding commuter trains. Cases dealing with this painful scenario focus on whether the reaction of the train operator was reasonable under the attendant circumstances.”
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