A Philadelphia judge is urging the Commonwealth Court to deny the appeal of a man who was injured during a videotaped incident in which he fell between SEPTA train cars.

Philadelphia Court of Common Pleas Judge Ellen Ceisler recently filed an opinion supporting her decision to deny the post-trial motions of plaintiff Dennis Morgan, who suffered a partial foot amputation and spinal fractures after he was dragged under a SEPTA train. The jury in the case had rejected Morgan's claims that the Southeastern Pennsylvania Transportation Authority was negligent for failing to ensure that all passengers had safely boarded the train.

Morgan has argued Ceisler erred in precluding references to a fatal 2007 incident in which a man fell between SEPTA train cars, and allowing evidence that Morgan was allegedly intoxicated at the time.