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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RELATED POSTS:
"OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMMARY JUDGMENT GRANTED
NOTICE OF CLAIM AGAINST NYCTA FOR NEGLIGENT HIRING AND SUPERVISION OF SUBWAY CONDUCTOR IS SUFFICIENT
SUBWAY TRAIN ACCIDENT VICTIM GETS AMOUNT OF MONEY DAMAGES FOR INJURY INCREASED ON APPEAL
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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.