blaw soto

blaw soto - His expert calculated that the train should...

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5. Soto v. New York City Transit Authority (Drunk teen hit by train) a. Facts i. Plaintiff attempted to return home with a group of friends to Queens after consuming quantities of alcohol. They waited for the 7 train, but eventually decided it was not running. They walked along the catwalk to the next station (33 rd street). They made it there successfully and, after waiting again for a while, decided to walk to the next station. ii. Before reaching 40 th street, the group noticed a train approaching. They ran along the catwalk in an attempt to reach the station before the train. iii. The train hit the plaintiff and resulted in leg amputation. The NYCTA argues that the plaintiff was hit when he attempted to circumvent the signal box and came too close to the train. iv. Plaintiff was a runner and claimed to frequently run at 7 to 8 miles per hour.
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Unformatted text preview: His expert calculated that the train should have been able to stop in time given these estimates for running speed. b. Issue i. Was the plaintiff’s reckless behavior of such a nature as to constitute the sole legal cause of his injuries, invalidating the duty of care of a train operator? c. Holding i. No. d. Reasoning i. The court found the estimate of running speed to be valid. In comparable situations, witnesses’ estimations of speed have been used regarding motor vehicles. ii. The train operator should be found negligent if he or she sees a person on the tracks from “such a distance and under such other circumstances as to permit him to stop before striking the person.” There is a reasonable view of evidence that the train operator failed to see the teens from a distance from which he should have....
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