A veteran NYPD cop who was injured in Sunday’s hideous Metro North crash plans to slap the MTA, Metro North, NYC Transit, the state and the city with a whopping $10 million lawsuit, The Post has learned.
Attorneys for Police Officer Eddie Russell, 48, of New Windsor, NY, filed a notice of claim Wednesday that rips into the MTA for allowing engineer William Rockefeller to snooze at the controls and for not addressing track concerns after a similar derailment several months ago.
The MTA allowed the embattled conductor “to operate the train without ensuring that he had adequate sleep,” the claim states.
The agency was neglectful in “failing to ensure that said engineer would not ‘nod off’ while operating the train” and “failing to adequately and safely ensure that said engineer was able to operate the train at said early morning run when he had not previously operated a train at those hours,” the suit states.
Rockefeller — who had recently changed shifts — told investigators at the scene that he was in a fog before the crash that took four lives and injured 63 others.
“I was in a daze,” he said, according to sources. “I zoned out.”
The veteran conductor could face possible criminal charges stemming from the deadly accident.
Russell was on his way to a second job as a Manhattan security guard at the offices of Sirius Radio near Rockefeller Center when the train violently derailed at 7:22 a.m. just north of the Spuyten Duyvil Metro North Railroad station in the Bronx.
The 22-year NYPD veteran suffered head, back, neck and groin injuries and was treated at a local hospital and released.
Filed by attorney Robert Vilensky, Russell’s claim also blasts the MTA for not implementing track fixes after a derailment on July 18, when a freight train carrying garbage went off the rails near the Spuyten Duyvil station. Ten of the that train’s 24 cars derailed, but no one was injured.
They “failed to change the design of the tracks when another incident had occurred similar to the incident herein several months previously'” Russell’s claim states.
The shaken cop told the Post on the day of the crash that he feared for his life as screaming passengers hurtled around him.
“I was just holding on,” he said. “There were people flying around. I was afraid I was going to fall out the window.”
The claim maintains that Russell has had to absorb the ultimate stress — “fear of impending death.”


























It is the second potential suit filed since the train derailment.
On Tuesday, A 58-year-old dentist and retired Army colonel, who suffered near fatal spinal injuries in Sunday’s crash, filed a notice of claim against the railroad and Rockefeller.
Dr. Denise Williams, an Orange County resident who served in Desert Storm and works as a prison dentist, is recovering at Columbia Presbyterian hospital.
Her sister told The Post she suffered multiple fractures of the spine, a broken ribcage, broke one shoulder and fractured the other and fractured her neck when she was tossed from the third car of the train.



