Seong Sil Kim v. New York City Transit Authority

This is an appeal by defendant New York City Transit. Authority (TA) from a $5 million reduced judgment in favor of plaintiffs and from Supreme Court’s partial grant of the TA’s posttrial motion to set aside the judgment or reduce the damage award solely to the extent of reducing the damages for past and future pain and suffering. The majority holds that the conclusory testimony of plaintiffs’ expert witness was legally insufficient to demonstrate the negligence of the TA and its train operator and that the jury’s finding of proximate cause was based on speculation. Accordingly, the majority…