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.