On April 10, 2016, Robert Liciaga was severely injured when a 10-foot-long railroad tie fell from an elevated subway line and struck his back while he was riding a bicycle along Broadway in the Bushwick section of Brooklyn. At the time and place of the accident, the New York City Transit Authority (the “TA”) was performing track replacement work on the elevated subway tracks.
Mr. Liciaga, then 23 years old, sued the TA claiming it was negligent in failing to secure the area below the tracks where debris was being dropped and that the tie should have been slowly lowered to the roadway. The TA argued that plaintiff should not have bicycled into the area which was obviously dangerous with cranes, barricades and safety cones. Plaintiff testified that a worker gave him permission to enter the construction zone.

The jury found in favor of plaintiff on the liability issues and then they awarded pain and suffering damages in the sum of $69,000,000 ($9,000,000 past – three years, $60,000,000 future – 48 years). They also awarded future medical expenses in the sum of $40,000,000 (48 years).
The trial judge declined to disturb the liability verdict but found that the pain and suffering damages awards were excessive and ordered reductions to $4,000,000 for the past and $12,000,000 for the future. The judge did not disturb the future medical expenses award or allow a so-called collateral source hearing by which defendant sought to reduce the amount of future medical expenses by amounts plaintiff is entitled to receive from sources such as insurance or government benefits.
In Liciaga v. New York City Transit Authority (2d Dept. 2024), the appellate court rejected the defense arguments as to liability and excessiveness of the damages awards but did find that the defense is entitled to a collateral source hearing to present evidence that the plaintiff, who was uninsured, would have his future medical expenses covered by private health insurance under the so-called Affordable Care Act.
Here are the injury details:
- spinal fractures at T9-10 with severance of the spinal cord
- extensive emergent spine surgery
- hospitalized five days, inpatient rehabilitation three weeks, nursing home three months, then residence at Coler Specialty Hospital – a Medicaid facility
- no motor activity or sensation below the T7 level leaving plaintiff permanently paraplegic, wheelchair bound, in pain and unable to attend to activities of daily living
Inside Information:
- The defense offered no evidence whatsoever, including no expert testimony, during the damages trial.
- The future medical expenses claim was based on plaintiff’s expert physiatrist (and an economist) who testified that the costs would be between $37,424,829 and $58,284,689. The largest item was for home care (with nurses and aides) or facility care.
- The case settled for an undisclosed sum in April 2025.