Norma Nazrio has long vowed to avenge the death of her son, Zackery.

Zackery died in February 2023 while subway surfing on top of a Brooklyn-bound J train.


What You Need To Know

  • On Thursday, Norma Nazario was inside New York State Supreme Court suing social media companies and transit agencies she says are responsible for her son's death

  • Social media companies argue they’re immune from being sued due to a nearly 30-year-old executive order

  • The MTA and NYC Transit will be treated separately

  • The next court date is Feb. 6

“Hopefully, the judge will understand my loss,” Nazario said.

On Thursday, Nazario was inside New York State Supreme Court suing companies and agencies she says are responsible for his death. They include social media companies: Meta, ByteDance and TikTok. She’s also suing the MTA and NYC Transit.

“I didn’t hear in there — taking any fault of my loss or any other parents’ loss,” Nazario said.

Inside the courtroom, the social media companies assayed the judge to drop the case. They argue they’re immune from being sued due to a nearly 30-year-old executive order.

Section 230 of the Communications Decency Act protects online platforms from third-party content.

“They know that their products are addicting kids. They know their products are resulting in highly dangerous activities,” Nazario’s attorney Matthew Bergman said.

NYPD data shows increases in arrests, injuries and deaths from people attempting to subway surf from 2023 to 2024.

Arrests are up nearly 70%, injuries are up 50% and there’s one more death than the year Nazario died, which is a 20% increase.

“They don’t value anybody's life, children especially,” Nazario said.

The judge is taking time to review the case. The MTA and NYC Transit will be treated separately.

The next court date is Feb. 6.