Home · Maps · About

Home > BusChat

[ Post a New Response | Return to the Index ]

(264946)

view threaded

Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by Gold_12TH on Wed Aug 8 07:01:57 2012

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
The MTA gave Jeremy Philhower the keys to a 35,000-pound (MCI D4500) bus when it should have given him a broom.

It was a tragic and costly mistake.

On his first day back from a suspension for texting while driving, Philhower ran over and killed a 22-year-old artist crossing a street in midtown in November of 2009.

It was deemed an accident. An avoidable accident.

Now, more than two years later, a Manhattan jury has ordered the Metropolitan Transportation Authority to pay Seth Kahn’s parents $1.9 million, although no amount of money will fill the void left by their son’s death.

“This clearly was an event that never should have happened,” family lawyer Denise Dunleavy said.

Approximately seven weeks before the accident, a concerned rider complained to the MTA that Philhower was texting behind the wheel. The NYC Transit division conducted an internal investigation. Not only was Philhower texting while on duty, he was writing some frightening comments on his Facebook page, officials said. They included:

“Thinking about how many people i want 2 kill 2day including myself”

“I really wanna kick the shit out of all of them”

“People on my bus revere me as a god”

An investigator also observed Philhower reading the newspaper while stopped at a red light.
His existing track record wasn’t pristine. It already included two red-light violations and a reprimand for “reckless operation of a bus.”

The MTA made the right first move. It suspended Philhower and took steps to fire him. But when it was overruled by a contract arbitrator who thought the punishment was too harsh, the MTA simply swept its concerns under the rug and moved on.

After a brief period of refresher training, Philhower was back behind the wheel of an express bus on Nov. 4.

He was heading to a depot and, apparently to avoid traffic, went off the route he was supposed to take, authorities said. He struck Kahn, of Mamaroneck, while turning at Ninth Ave. and 53rd St.

MTA drivers are instructed not to exceed 5 mph when making a turn, but Philhower was going two or three times faster, according to a state Public Transportation Safety Board report. He also failed to “scan appropriately” for pedestrians, according to the report.

The MTA tried to fire Philhower again but failed.

“After the fatality on Nov. 4, 2009, the Authority sought Mr. Philhower’s dismissal,” the MTA said in a statement Friday. “However, Mr Philhower’s case never made it to arbitration. He applied for and received a disability retirement and is no longer working for the Transit Authority.”

The MTA is now “a lot more aggressive in removing drivers from service who don’t belong in service,” a spokesman said. The authority also is presenting stronger cases to arbitrators and enforcing a tougher set of disciplinary rules regarding cell phone use, MTA Inspector General Barry Kluger added.

That’s all to the good, but for one family it’s too damn late.

--- http://www.nydailynews.com/new-york/jury-orders-mta-pay-parents-1-9-million-son-seth-kahn-fatally-hit-2009-bus-accident-article-1.1129633#ixzz22x2qXALT

Post a New Response

(264949)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by orange blossom special on Wed Aug 8 09:19:45 2012, in response to Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by Gold_12TH on Wed Aug 8 07:01:57 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
While we have some posters who also don't seem to like dealing with the passengers, I am curious about that figure out.
Seems really close to the amount they put up in colleges saying this is your lifetime earnings if you go into student loan debt yada yada. Wonder if that's where the figure comes from.

Post a New Response

(264950)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by orange blossom special on Wed Aug 8 09:20:14 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by orange blossom special on Wed Aug 8 09:19:45 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
About that payout figure i meant.

Wonder how long it'll take before they see the check too.

Post a New Response

(264954)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by mtk52983 on Wed Aug 8 10:56:45 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by orange blossom special on Wed Aug 8 09:20:14 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
It is not over with motion to set aside jury verdict, appeal(s), etc. especially with an award like that

Post a New Response

(264969)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by mci guy on Wed Aug 8 14:41:00 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by mtk52983 on Wed Aug 8 10:56:45 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
i remember this guy philhower being at yukon when i worked there but know nothing about him. hes far from the only deranged bus driver who work/worked for the nyct.

Post a New Response

(264971)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by futurekbarticop on Wed Aug 8 15:52:03 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by mci guy on Wed Aug 8 14:41:00 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
Definitely not the only one. Some are products of what the job made them. Others came on crazy.

Post a New Response

(264972)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by mr mabstoa on Wed Aug 8 18:50:40 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by futurekbarticop on Wed Aug 8 15:52:03 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
Thats why I picked inside.

Couldn't work a corner anymore dealing with them crazy people.

Still have to deal with them with lost property but thats not to bad especially when I have their shit, then they love us.

Post a New Response

(264973)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by AMoreira81 on Wed Aug 8 19:51:40 2012, in response to Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by Gold_12TH on Wed Aug 8 07:01:57 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
With a record like that, Mr. Philhower should only have been allowed to move buses around in the depot even before this. The arbitrator also has some fault here...with a record like that, what more did he need to do for the arbitrator to agree to the termination before this accident?

Post a New Response

(264976)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by Edwards! on Wed Aug 8 20:40:16 2012, in response to Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by Gold_12TH on Wed Aug 8 07:01:57 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
a shame.
this IS old news,in any case.

Post a New Response

(264980)

view threaded

Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident

Posted by LRG5784 on Wed Aug 8 21:18:56 2012, in response to Re: Jury orders MTA to pay parents $1.9 million after their son was fatally hit in 2009 bus accident, posted by mci guy on Wed Aug 8 14:41:00 2012.

edf40wrjww2msgDetailB:detailStr
fiogf49gjkf0d
My friend from Yukon was telling me about him today. He was only on the job for three months when that incident happened. For that short time frame he knew him he already knew something was wrong with him.

Post a New Response


[ Return to the Message Index ]