So the pink top DIDN'T help her? Australian who had both legs amputated after New York subway accident claims a SECOND train hit while she lay on the tracks - as she sues for negligence
- Visaya Hoffie, 23, had both her legs amputated after falling into path of a train
- She is seeking footage and evidence of her accident before filing a lawsuit
- Affidavit submitted to a Manhattan court alleges she was hit by two trains
- Her mum previously claimed she avoided being hit twice thanks to her pink top
Visaya Hoffie, 23, filed a petition at Manhattan Supreme Court seeking evidence from the day of her accident
A Brisbane woman who had both legs amputated after a freak New York City subway accident plans to sue the city for negligence - claiming she was hit by two consecutive trains.
Visaya Hoffie has filed a petition at Manhattan Supreme Court seeking video footage, photos and witness accounts from the night she fell onto the tracks of the 14 St PATH station last month.
The 23-year-old suffered a broken back, several head wounds and severe cuts and bruises, in addition to losing both legs, after being run over by seven carriages.
In an affidavit obtained by the New York Post, Miss Hoffie claims she was struck twice after being left on the tracks for an extended amount of time.
'After the first train left the station after running me over, I was left on the tracks for another considerable period of time … until a second P.A.T.H. train came along and hit me again,' the document states.
She also claimed the operator of the train should have been able to see her since she fell in a well-lit area of the tracks and was wearing bright-coloured clothing.
Visaya Hoffie (left) wrote a heartfelt post on Instagram: 'Wearing the top that saved my life. Terribly missing my sister'
Miss Hoffie, from Brisbane , is still recovering in intensive care
Miss Hoffie went on to say she will be bed-ridden in hospital for the 'foreseeable future' as a result of the horrific accident.
Earlier reports said the Australian-based artist avoided being hit by a second train due to her bright pink top that captured the conductor's attention.
Her mother Pat Hoffie shared a photo of her daughter taken just moments before the incident wearing the shirt that she said spared her from being hit a second time.
'This image of her [Visaya] was taken hours before the accident,' she wrote in a Facebook post.
Share this article
'The bright pink colour of her top is what alerted the engine driver of the second train to the fact that someone was lying across the track.
'When the first train had rolled across her unconscious body twenty minutes earlier, her black puffy jacket and black jeans had made her invisible to the driver.
'In the words of the investigating police, "it's a miracle she survived." Please pray that she continues to survive and to heal and to come home.'
Miss Hoffie also took to Instagram last week to upload a photo of her outfit, captioned: 'Wearing the top that saved my life. Terribly missing my sister.'
Miss Hoffie plans to launch legal action against the MTA (Metropolitan Transportation Authority), Port Authority, which oversees transportation, and the city of New York, once she builds her case.
Visaya Hoffie (pictured on the Subway), 23, had to have a double amputation after she fell into the path of an oncoming train at 14th Street station in Manhattan earlier this month
