STEWART v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


60 A.D.3d 445 (2009)

875 N.Y.S.2d 26

MARY ELIZABETH STEWART, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents.

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

Decided March 10, 2009.


The jury's apportionment of fault was not against the weight of the evidence. Given the evidence that the intoxicated plaintiff stepped off the curb and continued to walk, even though she saw the bus turning onto the street, as well as conflicting evidence as to whether she was within the crosswalk at the time of the accident, the jury could have fairly determined that her conduct was the greater cause of the accident (see Shachnow...

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