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 that barred recovery and that his testimony on his running speed was admissible, so the jury verdict finding NYCTA negligent was supported by the evidence. Justice R.S. Smith dissented, arguing the conduct was a superseding cause.