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McMillan v. City of New York

United States District Court for the Eastern District Court of New York
253 F.R.D. 247 (2008)

Written by Nicholas Decoster, JD

Facts

James McMillan (plaintiff), a black man, was seriously injured during the crash of a ferryboat negligently operated by the City of New York (City) (defendant). McMillan became a quadriplegic as a result of the crash and sued the City for negligence, claiming damages resulting from pain, suffering, and medical costs. A critical element in the calculation of damages was McMillan’s life expectancy. At a trial before the court and an advisory judge, the City introduced race-based statistical evidence showing that an African-American plaintiff with a spinal-cord injury would live a shorter life than a person of another race with a similar injury. The issue was whether a court could rely on race as a factor in the calculation of damages in a negligence case.

Rule of Law

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Issue

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Holding and Reasoning (Weinstein, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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