41-year-old James Sanders sustained life-altering injuries when he fell off a subway platform and was hit by a northbound #2 train.
When he later filed a negligence case against the New York City Transit Authority, and the Metropolitan Transportation Authority, a Kings County Supreme Court jury found the defendants 70% at fault for what happened, and awarded Sanders over $10 million in damages for past and future medical expenses, together with pain and suffering.
On appeal, the Appellate Division, Second Department, thought there was a triable question as to whether the operator could have stopped the train earlier and avoided hitting Sanders.
It also concluded that "rational people" could find the defendants liable for what had happened. (But an award for past medical expenses was reduced by $3,431 to comport with the monies Sanders actually expended.)
Better to take the bus?
To view a copy of the Appellate Division's decision, please use this link: Sanders v. New York City Tr. Auth.