When a NYC subway train collided with a bicycle, passenger Dwayne Johnson sued the New York City Transit Authority ("NYCTA") for the injuries he allegedly sustained. And after the Kings County Supreme Court declined to dismiss the case, an appeal ensued.
Since NYCTA showed that there had been no way for the train's operator to know that a bike was on the tracks, and because he otherwise acted with due care, the Appellate Division, Second Department, agreed that the incident was "unavoidable" and that Dwayne didn't have a case.
Like how they handled that?
To view a copy of the Appellate Division's decision, please sue this link: Johnson v. New York City Tr. Auth.