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Francis v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 107 (N.Y. App. Div. 1997)

Opinion

March 4, 1997.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about June 19, 1996, which granted Plaintiff's motion to set aside the verdict and directed a new trial, unanimously affirmed, without costs.

Before: Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.


Defendants' bus driver's awareness of the presence of the car ahead for at least 15 seconds and for over a block and a half precludes a finding that the action of the car in stopping was so sudden and unexpected as to warrant an emergency doctrine charge ( see, Rivera v New York City Tr. Auth., 77 NY2d 322, 327). In view of the trial court's prior correct decision rejecting defendants' request for an emergency doctrine charge, it was error not to recharge the jury once a modified version of that doctrine was charged due to inadvertent error. Furthermore, the verdict in favor of defendants was properly set aside as against the weight of the evidence in view of the bus driver's admission that, although he was aware of the presence of the car for over a block and a half, he looked away and noticed brake lights only after the car was completely stopped, resulting in his having to suddenly brake to avoid a collision.


Summaries of

Francis v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 107 (N.Y. App. Div. 1997)
Case details for

Francis v. New York City Transit Authority

Case Details

Full title:JAMAR FRANCIS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Mar 4, 1997

Citations

237 A.D.2d 107 (N.Y. App. Div. 1997)
654 N.Y.S.2d 742