Johnson v. New York City Transit Authority

Friedman, J.(dissenting in part).

I agree with the majority that the trial court erred in failing to submit to the jury the issue of plaintiffs comparative negligence. In my view, however, *330at the new trial to be held on remand, both defendant’s liability and plaintiffs comparative negligence should be at issue. That is to say, one jury should consider, afresh and in a single deliberation, each party’s responsibility, if any, for the accident. The previous jury’s determination of defendant’s liability, rendered without consideration of plaintiffs conduct, should play no role. Where fault must…