LUCAS v. NEW YORK CITY TRANSIT AUTH.


163 A.D.2d 21 (1990)

Celestino Lucas, Respondent, v. New York City Transit Authority, Appellant

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

July 3, 1990


The jury's verdict attributing 20% of the responsibility for the accident to plaintiff and 80% to defendant is contrary to the weight of the evidence. Based on the evidence introduced at trial, any failure on the part of defendant cannot be deemed to amount to more than 40% of the negligence, and we modify accordingly.

At approximately 9:15 P.M. on May 8, 1983, George Johnson, the motorman of a nine-car No. 3 train, began his approach into the 34th Street and 7th...

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