New York Court of Appeals
Juan Alejandro Soto, Respondent v. New York City Transit Authority, Appellant, Defendant
March 23, 20066 N.Y.3d 487
Summary
The Court of Appeals affirmed the Appellate Division, holding that the plaintiff's reckless conduct was not a superseding cause and that sufficient evidence supported the jury's finding of NYCTA negligence, including admissibility of the plaintiff's estimate of his running speed. The dissent argued that the plaintiff's conduct was the sole legal cause and that the speed testimony was speculative.