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NFTA settles 2009 suit over Metro Rail incident

Thu, Nov 3rd 2011 12:00 am

By JAMES FINK
jfink@bizjournals.com | 716-541-1611

The Niagara Frontier Transportation Authority reached an out-of-court settlement with a local woman who was allegedly injured when the Metro Rail she was riding suddenly stopped.

The $105,500 settlement was reached several weeks before the case was due to be heard in New York State Supreme Court.

The lawsuit stems from a Jan. 18, 2006, incident in which Judith Tulett said she was injured when the Metro Rail car stopped unexpectedly, just shy of the Lafayette Station, when an emergency braking system allegedly malfunctioned. It caused the train to make a sudden stop. Tullett reported injuries to her left shoulder, knee, hip and lower back after being jerked backward. A year later, she underwent rotator cuff surgery.

Tullett had sought $275,000 to settle the case.

Negotiations between her attorney and the NFTA resulted in the settlement, which was unanimously approved by the NFTA board of commissioners.