Legal Opinion
McCummings v. New York City Transit Authority
New York Court of Appeals
Decided April 5, 1993PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as it affirmed the judgment of Supreme Court should be affirmed, with costs.1
A jury awarded a verdict for personal injuries sustained by plaintiff who was permanently paralyzed from the midchest down when his spinal cord was severed by a bullet fired by Officer Rodriguez, an employee of defendant. The theory of plaintiffs case as submitted to the jury was common-law negligence2 — i.e., that Officer Rodriguez, in employing deadly physical force in an effort to apprehend plaintiff, did not exercise that degree of care…
2Cases cited6 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Andre v. PomeroyNew York Court of Appeals · 1974
- Ugarriza v. SchmiederNew York Court of Appeals · 1979
- Sagorsky v. MalyonNew York Court of Appeals · 1954
- Flamer v. City of YonkersNew York Court of Appeals · 1955
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3Cited by46 opinions
- Campbell v. City of ElmiraNew York Court of Appeals · 1994
- Lubecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Balsz v. A & T Bus Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Flores v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Sylvester v. City of New YorkDistrict Court, S.D. New York · 2005
41 more not listed; retrieve them via the Exa API.