According to a July 19, AP report “The operator of a light-rail train that crashed [in San Francisco], injuring dozens of passengers as well as the operator, came under scrutiny on Sunday as federal investigators tried to figure out why he turned off the automatic controls moments before the accident. Ted Turpin, an investigator with the National Transportation Safety Board, said that the operator switched the controls from automatic to manual in a tunnel near the West Portal Station and that he never engaged the emergency brake. Had the operator kept the autopilot on, Mr. Turpin said, the train would have slowed down before arriving at the station and most likely not have careened into a parked train while going 23 miles per hour.”
Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
December 20, 2013
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.