Johnson v. New York City Transit Authority

In a wrongful death action, defendant appeals from a judgment of the Supreme Court, Kings County, entered March 3, 1980, which was in favor of the plaintiff in the principal sum of $93,500, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In this action involving the death of an 11-year-old boy who was killed in a subway accident, the trial court refused to allow defense counsel to impeach a defense witness by introducing a signed prior inconsistent statement of the witness. The witness testified that he had not seen plaintiff’s…