Addressing the deadly Washington D.C. train crash Debbie Hersman of the National Transportation Safety Board said the operator of the train that “slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident.” as reported in the Washington Post. Hersman said the “emergency brake button, known as the ‘mushroom,’ was depressed, and the steel rails showed evidence that the brakes were engaged.”

Recent Fourth Department Case Law
In Kmiotek v Chaba ____ A.D. 3d ____ the Appellate Division, Fourth Department set a minimum value for spinal disc injuries. The Appellate division also upheld the trial Court’s Order directing a verdict on the issue of serious injury. This case involves an appeal from a judgment of