Injured Subway Rider Can't Recover Where Train Strikes Bicycle on Train Tracks

Case: Johnson v. New York City Transit Authority

Court: Supreme Court, Appellate Division, Second Department, New York

Date: June 20, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: Plaintiff/accident victim is riding on the N.Y.C. subway. The train hits a bicycle on the tracks. He was injured. He sues the New York City Transit Authority.

The lower court denied the Transit Authority's motion for summary judgment seeking to dismiss the case against it, somehow figuring that the Transit Authority might be at fault in this instance.

Comment: Should the train operator have foreseen (expected) that there might be a bicycle on the tracks that his train would hit? I think not, and the appeals court agreed, and got it right here.

Held: This was an unavoidable accident, and the train operator acted reasonably. The N.Y.C. Transit Authority's summary judgment motion is granted, and the accident victim/plaintiff=s case is dismissed.

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