The 23-year-old Australian tourist who had to have both legs amputated after she was hit by two PATH trains 20 minutes apart is actually to blame for the incident, the transit company claims in new court papers.
Visaya Hoffie filed court papers earlier this month announcing her plan to sue the Port Authority of New York and New Jersey, which owns the transit system, and asking it to turn over surveillance video and other records from the Jan. 11 incident, in which she fell onto the tracks at 14th Street around 4 a.m. and was run over by not one but two trains some 20 minutes apart.
But the Port Authority’s lawyers are refusing to comply, claiming the initial spill was all her fault.
“This is a tragic case, but it stems from Petitioner’s sole reckless conduct,” the authority’s lawyers wrote in court papers filed in Manhattan civil court Thursday.
The PA called her request for the records a “fishing expedition,” adding that she shouldn’t have access to them before she files her lawsuit.
The 23-year-old Brisbane woman “cannot explain what caused her to fall” and failed to make a strong case for the PA to disclose the evidence she’s requesting, the court papers says.
Hoffie says that a “defect” on the premises caused her to “stumble and fall onto the tracks,” according to a notice of claim filed Feb. 8 alerting the city of her intention to sue.
She was knocked unconscious in the fall, her mother has told news.com.au.
The authority also claims that a police report on the incident, which was generated by Port Authority Police, “does not indicate any negligence on the part of the Port Authority or third parties.”
Hoffie’s lawyer Jesse Minc told The Post that the police report — which is included in court papers — paints a picture of PA negligence as it corroborates from surveillance video the length of time Hoffie was on the tracks and the fact that she was hit by two locomotives.
“It’s ridiculous to suggest that my client is responsible,” Minc said. “Leaving a passenger on a train track for 7 minutes before you run her over and failing to even recognize you’ve done so, then leaving her on the tracks for another 15 minutes before running her over again, suggests one thing and one thing only — that the operators of the trains are the responsible parties.”




