Montes v. New York City Transit Authority

Catterson, J. (concurring).

The 11-year-old plaintiff was walking across the street when a Transit Authority (hereinafter referred to as TA) bus hit him. According to the plaintiff, he was in the crosswalk with the light in his favor when the bus which did see, or should have seen him in time to stop, drove through a red light and hit him. According to the defense, the plaintiff leaped into the crosswalk against the light, and the bus driver, whose view was blocked by another bus, had no time to stop. By a vote of 5-1 the jury found in favor of the defendants.

On appeal, the plaintiff argues,…