Legal Opinion
Rivera Ex Rel. Rivera v. National Passenger Railroad Service
District Court, S.D. New York
Decided August 9, 2006No. 04 CIV. 9807(DLC)PublishedCited by 3 opinions
1Opinion of the Court
OPINION & ORDER
COTE, District Judge.
Plaintiff Pamela Rivera (“Rivera”) brings this action to recover damages for injuries sustained by her minor daughter, Khayri Rivera (“Khayri”), on an escalator in New York City’s Pennsylvania Station (“Penn Station”) maintained by defendant National Passenger Railroad Service (“Amtrak”). Rivera claims that Amtrak was negligent in performing inspections of the escalator. Although she has submitted no direct evidence of Amtrak’s negligence, she argues that its negligence can be inferred through the res ipsa loquitur doctrine. Defendant has moved for summary…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Residential Funding Corporation v. Degeorge Financial Corp., Degeorge Home Alliance, Inc. And Degeorge Capital CorpCourt of Appeals for the Second Circuit · 2002
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Sanchez v. State of NYNew York Court of Appeals · 2002
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3Cited by3 opinions
- Partners v. BlumenthalDistrict Court, S.D. New York · 2007
- Johnson-Harris v. United StatesDistrict Court, S.D. New York · 2021
- Looney v. Macy's Inc.District Court, E.D. New York · 2021