The Plaintiff was an English tourist who was waiting for a trolley at a greenline MBTA station. MBTA workers were performing repairs to the tracks in the vicinity of the Plaintiff, and one was pounding a pick axe into the ground next to a steel rail. The pick axe hit the rail, causing a shard of steel to fly through the air and lodge into the Plaintiff’s eye. The Plaintiff lost permanent vision in the eye. Keith L Miller prepared and submitted a comprehensive demand to the MBTA, including graphic pictures his investigator had obtained within hours of the accident. The case settled prior to suit being filed for a significant six figure payment by the MBTA.