Splain v. New York City Transit Authority

Full title: THOMAS J. SPLAIN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY…

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

Date published: Feb 11, 1992

180 A.D.2d 454 (N.Y. App. Div. 1992)

579 N.Y.S.2d 380

Opinion

February 11, 1992

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).

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.