Legal Opinion
Byrd v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1996PublishedCited by 9 opinions
1Opinion of the Court
On May 23, 1987, at about 6:00 p.m., the plaintiffs decedent Valerie Byrd was found unconscious on a platform of the Wall Street Station of the defendant’s IRT subway line. She was subsequently taken to the hospital, where she died on May 28. There were no witnesses to the incident which caused the injury. The only proof of the defendant’s involvement is a bald conclusory statement from the office of the Medical Examiner of the City of New York that Byrd was hit by a train.
We find such evidence to be too speculative to permit a finder of fact to infer that the defendant was negligent, and…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Wright v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Wank v. AmbrosinoNew York Court of Appeals · 1954
- Thomas v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 opinions
- Holliday v. Hudson Armored Car & Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Coughlin v. BartnickAppellate Division of the Supreme Court of the State of New York · 2002
- Johnson v. SniffenAppellate Division of the Supreme Court of the State of New York · 1999
- Gayle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Jose v. RichardsAppellate Division of the Supreme Court of the State of New York · 2003
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