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Rivera v. New York City Transit Authority

569 N.E.2d 432 (1991)

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Rivera v. New York City Transit Authority

New York Court of Appeals

569 N.E.2d 432 (1991)

Facts

Milton Rivera was standing near the edge of a subway platform in New York City. As a train was approaching the platform, Rivera suddenly staggered and fell onto the track. The train struck Rivera and killed him. Rivera’s widow Ada Rivera (plaintiff) sued the New York City Transit Authority (Transit Authority) (defendant). At trial, an expert witness testified that the train operator was driving the train at a reasonable and prudent speed as it approached the platform. Additionally, the evidence showed that train conductors have a limited view of the track, preventing them from seeing any passengers except those very near the track. The Transit Authority requested that the jury be instructed in regard to the emergency doctrine. The trial court denied this request. The jury found for Ada. The Transit Authority appealed, arguing that the trial court erred by refusing to instruct the jury regarding the emergency doctrine.

Rule of Law

Issue

Holding and Reasoning (Bellacosa, J.)

Dissent (Hancock, J.)

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