Rivera v. New York City Transit Authority

569 N.E.2d 432 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Milton fell from the platform of the 42nd Street and 6th Avenue Manhattan subway station onto the tracks and was struck by an arriving train. He died several hours later. P sued D claiming that the subway operator was negligent in speeding into the station and in not taking measures to stop the train as soon as he first observed Milton on the platform. The factual dispute pivoted on the point at which the operator first saw Milton as the train approached the station and the point at which he released the emergency handle to stop the train. There was an issue whether Milton had been standing steadily near the edge of the platform before he suddenly staggered and fell in one rapid motion, or whether the operator had observed him staggering near the edge of the platform for a period prior to the fall. A police report made shortly after the accident revealed that the operator said he had observed a male stumble then fall to the tracks after staggering. The operator testified that he first saw Milton from 30-60 feet away as he staggered from the platform onto the tracks and that the operator immediately released the emergency brake handle. Two witnesses who were also waiting on the platform observed Milton acting in an erratic manner, staggering as if he were intoxicated or on drugs. One of the witnesses testified that Milton had stood for 10-15 seconds at the edge of the platform looking toward the tunnel from which the train arrived and that he was not staggering during that time and did not appear unsteady at all. The witness confirmed that the train was about 30-40 feet away when Rivera fell onto the tracks. He testified that the incident happened so quickly he was unable to look away to avoid seeing the impact. There was no evidence of alcohol or drug use and the experts were unable to determine the cause of Milton's behavior or fall. P's expert laid the blame on D. D's expert opined that the accident was unavoidable because even if the brake is activated; at 15 miles per hour (22 feet per second), it would cover 48-60 feet and would not have had the time or distance to prevent the train from striking Milton after the sudden fall onto the tracks. D requested an emergency doctrine instruction and it was denied. P got the verdict and on appeal, it was affirmed. D appealed.