MARTINEZ v. NEW YORK CITY TRANSIT AUTHORITY


41 A.D.3d 174 (2007)

838 N.Y.S.2d 53

LYDIA MARTINEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 12, 2007.


Plaintiff was injured when she fell while exiting defendant's bus. At the bifurcated trial, plaintiff maintained that defendant's bus driver negligently closed the doors on her before she could get off the bus, and defendant's position was that plaintiff slipped and fell while descending the stairs leading to the exit. The jury determined that defendant's driver was negligent, but that his negligence was not a proximate cause of the accident.

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