Legal Opinion
Harrison v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 2014Published
1Opinion of the Court
*473Plaintiff Antoinette Harrison slipped and fell on a patch of ice on the yellow tactile warning strip at the edge of the Pelham Bay Park subway station platform in the Bronx, fracturing her left ankle. While we believe that there was sufficient evidence presented for the jury to consider whether defendant had constructive notice of the icy condition, we find that the instruction to the jury on this issue was in error.
A common carrier is required to exercise ordinary care in maintaining a subway platform (see Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 248 [1st Dept 1984], affd 64 NY2d 670…
2Cases cited18 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
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