NYC MTA Negligence

[cozyheart]

What is the name of your state?
New York, NY

Not exactly sure if I have a case but would like to discuss it with someone who would be able to advise me of my rights.

On Oct 24, 2005 at 3:45 p.m. my 13-year-old son left Xaverian High School in Bay Ridge, Brooklyn. He had misplaced his Metrocard. He approached the token clerk whose badge number was 1119 at booth number 321 on the 59th Street N and R line train station in Brooklyn. He explained to the woman that he was unable to find his MetroCard. She refused entry into the subway system. It was at this point he called me. He explained what was happening I requested that he go and ask her again. He did so she again refused. I told him to tell her that you want a police officer. She told him if that’s what you want go up in the street and find one. At this time my sons phone dies and I had no way of knowing what was happening. Several moments later I received a call from my son from a phone in a local market near the subway station. The man in the store noticed how distressed my son was gave him $2 to get on the subway and allowed him to use the store’s phone to call me.

As a direct result of this incident my son left Xaverian High School and relinquished a $10,000 scholarship. I personally incurred numerous expenses in transferring him as well as the loss of the scholarship and his first trimester grades. My son is an Honor student this can effect his overall GPA when applying to college. I feel this employee and the MTA owe my son and my family more than just an apology.

Please advise.

[You Are Guilty]

Originally Posted by cozyheart

What is the name of your state?
New York, NY

Not exactly sure if I have a case but would like to discuss it with someone who would be able to advise me of my rights.

On Oct 24, 2005 at 3:45 p.m. my 13-year-old son left Xaverian High School in Bay Ridge, Brooklyn. He had misplaced his Metrocard. He approached the token clerk whose badge number was 1119 at booth number 321 on the 59th Street N and R line train station in Brooklyn. He explained to the woman that he was unable to find his MetroCard. She refused entry into the subway system. It was at this point he called me. He explained what was happening I requested that he go and ask her again. He did so she again refused. I told him to tell her that you want a police officer. She told him if that’s what you want go up in the street and find one. At this time my sons phone dies and I had no way of knowing what was happening. Several moments later I received a call from my son from a phone in a local market near the subway station. The man in the store noticed how distressed my son was gave him $2 to get on the subway and allowed him to use the store’s phone to call me.

As a direct result of this incident my son left Xaverian High School and relinquished a $10,000 scholarship. I personally incurred numerous expenses in transferring him as well as the loss of the scholarship and his first trimester grades. My son is an Honor student this can effect his overall GPA when applying to college. I feel this employee and the MTA owe my son and my family more than just an apology.

Please advise.

Wow. I find a post like this truly fascinating. You're clearly educated, as this post is concise, grammatically correct and just generally well written. Yet you conclude your post with such a ridiculous statement that it makes me question whether you paid someone else to write this for you. Perhaps it's my own assumption that educated people actually possess a modicum of common sense clouding my judgment here, but really, don't you see the problem with your (lack of a) legal question?

Astounding. Thanks for writing.

[seniorjudge]

As a direct result of this incident my son left Xaverian High School and relinquished a $10,000 scholarship.

Your son gave up a scholarship because he lost his subway card?

[racer72]

Primary point of negligence:

He had misplaced his Metrocard.

The token clerk was doing their job. The only negligence was by your son. You have nothing.

[cozyheart]

New York

I thought I made it clear as to what I was seeking when posting my original question. Apparently that was not the case. I was interested in knowing if there was anyway of recouping what I lost by transferring him to the new school. Yes, we gave up the scholarship. He is 13-years old and not a savvy streetwise kid. He got scared!

Not sure if I should thank you for your comment on my intelligence or be insulted that you think I paid someone to write it for me.

[cozyheart]

Originally Posted by racer72

Primary point of negligence:



The token clerk was doing their job. The only negligence was by your son. You have nothing.

Yes, my son misplaced his MetroCard. However, you are incorrect that the negligence was that of my sons. According to the MTA supervisor, token clerks are allowed to let children admittance to the subway after presenting themselves at a token booth during school hours explaining that they lost their MetroCard. The Negligence was clearly the token clerk’s when she not only declined entry but also compounded the problem when refusing to get him police assistance

[seniorjudge]

Originally Posted by cozyheart

Yes, my son misplaced his MetroCard. However, you are incorrect that the negligence was that of my sons. According to the MTA supervisor, token clerks are allowed to let children admittance to the subway after presenting themselves at a token booth during school hours explaining that they lost their MetroCard. The Negligence was clearly the token clerk’s when she not only declined entry but also compounded the problem when refusing to get him police assistance

According to the MTA supervisor, token clerks are allowed to let children admittance to the subway after presenting themselves at a token booth during school hours explaining that they lost their MetroCard.

Is this policy in writing?

[You Are Guilty]

Originally Posted by seniorjudge

According to the MTA supervisor, token clerks are allowed to let children admittance to the subway after presenting themselves at a token booth during school hours explaining that they lost their MetroCard.

Is this policy in writing?

Although I still think this post is a joke, I'm going to have to go with a big fat 'no' on that one. Having used the MTA quite extensively during my own school days (prior to metrocards), they do not have a policy of "letting" children onto the subway/bus if they lost their MetroCard. Perhaps a station manager near the school had such a policy, but it in no way the MTA's policy.

However, for the sake of ending this discussion, even if the MTA did have such a policy, their failure to abide by it is decidely not illegal. Contrary to popular conception, every business is perfectly free to ignore their own internal policies and procedures and doing so does not give rise to a cause of action separate and apart what already exists in the criminal/common law. And it's not a crime to keep non-paying customers out of the system. In fact, it's a requirement.

Furthermore, whatever actions you subsequently took which caused you to "lose" the scholarship were in no way legally caused by the MTA's acts/omissions. You chose to do so, not the MTA.

[cozyheart]

I assure you this is not a joke. I chose to give up the scholarship. You may think it insane and that’s your prerogative. I wanted him closer to home god forbid something like this happens again. Thank you for your reply. It really wasn’t the entrance into the subway that pissed me off. After all he did loss his MetroCard. I was more pissed that she refused to get a police officer. The *itch!!!!

[You Are Guilty]

I can appreciate why you're upset, but this is a legal site, after all, and failing to get a police officer because someone lost their metrocard is not illegal. Maybe they could have been nicer about it, but they were not required by law to.