Lucas v. New York City Transit Authority

Sullivan, J. P., and Smith, J.,

dissent in a memorandum by Smith, J., as follows: I dissent because the verdict was against the weight of the evidence, because the apportionment of liability was against the weight of the evidence and because the award was excessive.

Plaintiffs legs were severed below his knees when on May 8, 1983 at approximately 9:15 p.m., he jumped onto a subway trackbed, lay down across the tracks and was run over by an oncoming train.

Plaintiff, an epileptic, disclaimed all responsibility for the accident, arguing that his actions were involuntary and the result of a…