Ruby Wilson tripped and fell on a subway stairway and later sued the New York City Transit Authority alleging negligence.
After her case was dismissed by the New York County Supreme Court, Wilson appealed to the Appellate Division, First Department, claiming that her injuries had been due to overcrowding.
Since that theory wasn't mentioned in Ruby's underlying papers -- i.e., the Notice of Claim -- her "speculation" as to why the accident had occurred couldn't be considered. (That she previously admitted not knowing the reason for her fall didn't help her none neither.)
To view a copy of the Appellate Division's decision, please use this link: Wilson v. New York City Tr. Auth.