NYC Subway Push Victim Sues City, MTA for Negligence

Joseph Lynskey files lawsuit after being shoved in front of a train, claiming officials ignored safety risks

Feb. 24, 2026 at 5:12pm

Got story updates? Submit your updates here. ›

Joseph Lynskey, a 46-year-old Brooklyn resident, has filed a lawsuit against the city of New York and the Metropolitan Transportation Authority (MTA) after he was pushed in front of an oncoming subway train in December 2024. Lynskey survived the harrowing incident, but suffered serious injuries and has struggled to overcome the psychological trauma. In the lawsuit, Lynskey claims the city and MTA were negligent in addressing known safety risks, including the threat of people with mental illness pushing riders onto the tracks. He is seeking unspecified monetary damages and hopes the lawsuit will force officials to prioritize rider safety.

Why it matters

Lynskey's case highlights the ongoing safety concerns around New York City's subway system, where incidents of riders being pushed onto the tracks have become an alarming trend. The lawsuit alleges the city and MTA have failed to adequately address these risks, despite their own data showing the threat, especially from individuals with mental health issues. Lynskey's story has resonated with many New Yorkers who rely on the subway and fear becoming victims of such random attacks.

The details

In the lawsuit, Lynskey claims he was waiting on the platform at the 18th Street station in Manhattan on December 31, 2024 when he was suddenly shoved from behind just as a Brooklyn-bound train was entering the station. He was knocked onto the tracks and lay next to the electrified third rail for nearly 10 minutes before being rescued by firefighters. Lynskey suffered serious injuries, including four broken ribs, a fractured skull, a ruptured spleen, and a concussion. The alleged perpetrator, Kamel Hawkins, was arrested and charged with second-degree attempted murder, but his trial has been delayed as he receives psychiatric care.

  • On December 31, 2024, Lynskey was shoved in front of a train at the 18th Street subway station in Manhattan.
  • Lynskey spent a week recovering at Bellevue Hospital after the incident.
  • In March 2025, Lynskey began exposure therapy to overcome his fear of riding the subway.
  • In November 2025, Lynskey made his first subway trip since the attack, riding the G train in Brooklyn with two friends.
  • On December 31, 2025, the one-year anniversary of the attack, Lynskey visited the firefighters who rescued him.

The players

Joseph Lynskey

A 46-year-old Brooklyn resident who was the victim of a subway shoving incident in December 2024, suffering serious injuries. He has filed a lawsuit against the city and MTA claiming negligence in addressing subway safety risks.

Kamel Hawkins

A 23-year-old man who was arrested and charged with second-degree attempted murder for allegedly shoving Lynskey in front of the train. His trial has been delayed as he receives psychiatric care.

Metropolitan Transportation Authority (MTA)

The agency that operates the New York City subway system, which Lynskey's lawsuit claims failed to adequately address known safety risks to riders.

New York City

The municipality that Lynskey's lawsuit claims was negligent in policing the subway system and ensuring rider safety.

Bruce Nagel

One of the lawyers representing Lynskey in his lawsuit against the city and MTA.

Got photos? Submit your photos here. ›

What they’re saying

“The safety of every rider should be the main concern, and the M.T.A. and the city have ignored it for years.”

— Bruce Nagel, Lynskey's Lawyer (New York Times)

“Only by holding defendants accountable for their negligence, gross negligence, and reckless conduct will the defendants be forced to take responsibility.”

— Bruce Nagel, Lynskey's Lawyer (New York Times)

“I had felt like a piece of my life in New York had been taken from me.”

— Joseph Lynskey (New York Times)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Kamel Hawkins, the alleged perpetrator, out on bail.

The takeaway

This case highlights the urgent need for the MTA and New York City to prioritize subway safety and take concrete steps to protect riders from the threat of being pushed onto the tracks, especially by individuals with mental health issues. Lynskey's lawsuit aims to force officials to confront this problem and implement more effective safety measures throughout the transit system.