Lawyers for the estates of those who died say were it not for Metro-North’s faulty design of the third rail, everyone in the lead car would have survived and nine others wouldn’t have been injured. The remaining 625 passengers, riding in the seven cars behind the lead, were not injured.
“But for the dangerous design of the third rail, NO ONE INSIDE THE TRAIN would have gotten hurt, NOT EVEN A SCRATCH,” attorney Natascia Ayers wrote in court papers filed in State Supreme Court in Westchester in April.
Killed were Walter Liedtke, 69, and Eric Vandercar, 53, both of Bedford Hills; Aditya Tomar, 41, of Danbury, Conn., Robert Dirks, 36, of Chappaqua and Joseph Nadol, 42 of Ossining.
Metro-North attorney Philip DiBerardino said Ayers' claim about the third rail design is off the mark.
"Plaintiffs' bald statement is unsupported by any evidence, and, as such, amounts to sheer speculation," DiBerardino wrote in May.
Metro-North says Brody is to blame for the accident for illegally stopping on a grade crossing equipped with warning devices, flashing lights and automatic gates that were all in good working order. The railroad, along with the Town of Mount Pleasant, is suing her husband, Alan Brody, the administrator of his wife’s estate.
Brody, meanwhile, is suing Metro-North and Mount Pleasant, claiming his wife was trapped on an unsafe crossing and unaware she was on railroad tracks. His lawyer, Philip Russotti, says a faulty signal system didn’t provide cars enough time to clear an intersection at the crossing.
In 2017, the NTSB concluded Brody’s actions caused the crash, while noting the third rail design led to the loss of life.