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.