Legal Opinion

Rodriguez v. Baker

Appellate Division of the Supreme Court of the State of New York

Decided January 13, 1983PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Fein, J.

The 13-year-old plaintiff, playing near the railroad tracks on a summer evening in 1971 in the vicinity of Riverside Park in Manhattan, was grievously injured when he fell onto the tracks and was struck by a Penn Central train, losing both his legs. The jury awarded him damages of $600,000 apportioned 50% against the City of New York, 40% against Penn Central and 10% against joint venturers Poirer & McLane Corporation and Raymond DiMenna Corporation, who were under contract with the city for sewer construction in the area. His plaintiff mother was awarded…

2Cases cited7 opinions

  1. McDonald v. PlessSupreme Court of the United States · 1915
  2. Scurti v. City of New YorkNew York Court of Appeals · 1976
  3. Pache v. BoehmAppellate Division of the Supreme Court of the State of New York · 1978
  4. Vey v. Port Authority of New York & New JerseyNew York Court of Appeals · 1981
  5. Rose v. ThauAppellate Division of the Supreme Court of the State of New York · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Richard Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1987
  2. Harmon Cable Communications of Nebraska Ltd. Partnership v. Scope Cable Television, Inc.Nebraska Supreme Court · 1991
  3. Trotter v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1994
  4. Wingate v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1983
  5. Wingate v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1983

8 more not listed; retrieve them via the Exa API.

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