Domingo Ojeda v. Metropolitan Transportation Authority

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.

Affirmed