A Massachusetts appeals court has set aside a $1.2 million jury award and ordered a new trial in a lawsuit stemming from a 2009 subway trolley crash in Boston.
Colleen Fyffe, of Scituate, sued the Massachusetts Bay Transportation Authority, saying she was unable to return to her job as a result of the neck injury she suffered in the accident in the Government Center subway tunnel.
The trolley operator, Aiden Quinn, admitted he was texting his girlfriend just before the crash that sent nearly 50 people to hospitals.
The MBTA appealed after the jury awarded Fyffe $1.2 million after a 2012 trial.
A three-judge appeals court panel, in a 2-1 decision Monday, cited “transgressions” by the plaintiff’s attorney, among them improperly arguing facts that were not in evidence.
Was this article valuable?
Here are more articles you may enjoy.
Cal-Maine, Others Poised to Settle DOJ Egg Pricing Probe 
Firefighters in Europe Warn They’re Ill-Prepared for a Bad Wildfire Season 
Frustration Grows in Venezuela as Earthquake Death Toll Rises 
Flood Insurance Gap Will Squeeze Local Governments and Homeowners, Moody’s Says 
Want to stay up to date?
Get the latest insurance news
sent straight to your inbox.