IT'S NOT FUNNY
'Text' comic to sue for subway fall
This is no joke — the standup comic struck by a B train after she fell onto the tracks, allegedly while texting, plans to sue the MTA, blaming the operator for not stopping in time.
Liza Dye, 25, filed a notice of claim with the city declaring her intent to sue over her Feb. 13 slipandfall.
She also alleges in the papers that the city failed to put up signs or barriers to “warn users and/or prevent them from falling” at the BroadwayLafayette station in Soho, which was undergoing construction.
Dye was texting at 9:30 a.m. when she slipped on the wet platform and tumbled to the tracks, a police source says. She was hit by the lead car of a southbound B train and pinned, leaving her left leg mangled.
Her attorney, Jeffrey Schietzeit, called the texting claim “patently false” and said Dye had fainted.
“[It] makes little sense considering there’s no cellphone service underground,” he said.
Dye is seeking permission to sue the MTA’s NYC Transit division and the city after an error by her attorney caused her to miss a deadline.
“The MTA may be raising a defense that they weren’t served properly, so this is something to cover the bases,” Schietzeit said.
The filing includes a photo of Dye’s now deformed left leg.
Schietzeit has subpoenaed the MTA for surveillance footage of the accident, which will determine whether Dye will move forward with the suit.
“The video’s going to tell a lot,” he said. “If the video gives rise to liability, then we will evaluate our options from there in terms of beginning a lawsuit.”
The MTA declined to comment.
Dye has undergone nine surgeries and multiple skin grafts, and needs crutches to walk after losing most of the muscle and skin on her leg, Schietzeit said.
Pals have raised more than $77,000 for her medical bills. Among them was actor Zach Braff, who gave nearly $10,000.
Dye has since moved to South Carolina to live with her mom and cracks jokes on Twitter about her brush with death.
“I should get an unlimited metrocard FOR LIFE but tbh [to be honest] i’ll never ride the train again,” she tweeted July 22.
Dye didn’t respond to requests for comment.