New York Court of Appeals
Thelma Crosland v. New York City Transit…
September 11, 198668 N.Y.2d 165
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that the New York City Transit Authority is not immune from civil liability for the death of Steven Crosland, Jr. because its employees' failure to summon aid during a violent assault falls outside the governmental immunity established in Weiner. The court rejected the claim of a special duty of care and the applicability of Transit Authority rule 85, and affirmed liability under ordinary negligence standards.