Court of Appeals of New York
Soto v. New York City Transit Auth., 37
In a case involving an 18-year-old plaintiff running on a catwalk adjacent to elevated subway train tracks who was struck by a passing train, plaintiff's reckless behavior was not of such a nature as to constitute the sole legal cause of his injuries, vitiating the duty of care of a train operator. Evidence was sufficient to support the verdict, and plaintiff's estimate of his speed at the time of the accident was admissible and sufficient to lay a proper foundation for plaintiff's accident reconstruction expert to use in forming his opinion.
Appellate Information
- Decided 03/23/2006
- Published 03/23/2006
Judges
Court
- Court of Appeals of New York