Legal Opinion

Dibble v. New York City Transit Authority

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

Decided June 22, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

In this personal injury action arising out of an accident on the subway tracks at the Union Square station, we examine whether expert testimony as to stopping distances is sufficient to establish negligence. The jury found the defendant liable on the basis of a mathematical formula that used a purported average reaction time as a factor in calculating whether the defendant’s train operator could have stopped the train to avoid running over an intoxicated 22 year old.

The issue before this Court, therefore, is whether such a unit of time-distance measurement may…

2Cases cited4 opinions

  1. Soto v. New York City Transit AuthorityNew York Court of Appeals · 2006
  2. Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
  3. Mirjah v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  4. Pavlou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. M.B. v. CSX Transportation, Inc.District Court, N.D. New York · 2015

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