Appeals Court Upholds Trial Judge's Dismissal of New York Wrongful Death Case of Grossly Intoxicated Woman Run Over By Subway Train - Case May Prompt Renewed Calls for "Loser Pays" Rule


Again and again, people fall onto subway tracks in New York City and get maimed or killed. And often they do so after getting drunk. And just as often they or their estates sue the New York City Transit Authority claiming that the train conductor should have been able to prevent the accident.

We've written about these types of cases before, here and here. And our friend Walter Olson at Overlawyered has been following and discussing these cases with insight, intellect and intrigue, for example, here.

This week, an appeals court ruled on the latest case to come down the pike (er, the tracks) - Bacic v. New York City Transit Authority. On July 9, 2003, Maria Bacic was found dead under a subway car in Queens that had been pulling out of the station on its way to Manhattan. She died from blunt trauma and in the lawsuit that followed her estate claimed the motorman should have seen her attempting to board between two subway cars.

The case went to trial in Queens County in October 2007 and at the close of evidence the judge granted the defendant's motion to have the case dismissed (without presenting it to the jury for deliberations). The problem for the plaintiff was a lack of any eyewitnesses and a totally circumstantial evidence case.

Please see full blog post for more information.

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