DIBBLE v. NYC TR. AUTH.

116779/06, 2091

76 A.D.3d 272 (2010)

903 N.Y.S.2d 376

DUSTIN DIBBLE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 22, 2010.


Attorney(s) appearing for the Case

Wallace D. Gossett , Brooklyn ( Lawrence D. Silver of counsel), for appellant.

Smiley & Smiley, LLP, New York City ( Andrew J. Smiley of counsel), for respondent.

FRIEDMAN, J.P., ACOSTA, DeGRASSE and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

In this personal injury action arising out of an accident on the subway tracks at the Union Square station, we examine whether expert testimony as to stopping distances is sufficient to establish negligence. The jury found the defendant liable on the basis of a mathematical formula that used a purported average reaction time as a factor in calculating whether the defendant's train operator could have stopped the train to...

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