AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THOMAS J. SPLAIN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendant.

In this personal injury action, Supreme Court dismissed the action at the close of plaintiff's case for failure to establish a prima facie case. Plaintiff's evidence demonstrates that he was on the sidewalk at the curb in the middle of a block when, without turning his head to look for traffic, he suddenly stepped off, almost instantly colliding with the side of a Transit Authority bus travelling at a speed of from 10 to 15 miles per hour. We agree that these facts do not establish any actionable negligence (see, Rucker v. Fifth Ave. Coach Lines, 15 N.Y.2d 516, mot to amend remittitur granted 15 N.Y.2d 852, cert denied 382 U.S. 815).

Concur — Rosenberger, J.P., Ellerin, Smith and Rubin, JJ.

Use AI to get other relevant cases.

Comments

SPLAIN v. NEW YORK CITY TRANSIT AUTHORITY
(Feb 11, 1992)