Dibble v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
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
- Soto v. New York City Transit AuthorityNew York Court of Appeals · 2006
- Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
- Mirjah v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Pavlou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- M.B. v. CSX Transportation, Inc.District Court, N.D. New York · 2015