Defendant's Attorney: Beck S. Fineman

Description: New York, New York employment lawyer represented Plaintiff, who sued Defendant on a Federal Employer's Liability Act violation theory.

Plaintiff-Appellee Domingo Ojeda was employed as a police
officer by the Metropolitan Transportation Authority (“MTA”), the
defendant-appellant in this case. While patrolling a railroad station,
Ojeda witnessed an incident between a man and a woman in the
station’s parking lot. After intervening and discovering that the man
had an open order of protection against him, Ojeda handcuffed the
man. The arrestee fled, and Ojeda injured himself in pursuit.
Ojeda sued the MTA under the Federal Employers’ Liability
Act (“FELA”), 45 U.S.C. § 51, alleging that the MTA’s negligence—
including its failure to provide him with a prisoner compartment in
his patrol car—caused his injuries. A jury ruled in favor of Ojeda and
awarded him damages. On appeal, the MTA argues that it is immune
from liability pursuant to the governmental function defense and
that, in any event, it cannot be held liable without expert testimony.
The district court rejected these arguments when it denied the MTA’s
motion for judgment as a matter of law.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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