Tornesi v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Tornesi v. New York City Transit Authority

117 A.D.2d 796, 499 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 53069

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 24, 1986

StatusPublished

This text of 117 A.D.2d 796 (Tornesi v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tornesi v. New York City Transit Authority, 117 A.D.2d 796, 499 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 53069 (N.Y. Ct. App. 1986).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated August 23, 1984, which, after a nonjury trial in which the court found that the plaintiff’s damages amounted to the principal sum of $150,000, and apportioned fault at 75% against the defendant and 25% against the plaintiff, awarded the plaintiff the principal sum of $112,500.

Judgment affirmed, with costs.

The trial court’s finding that the defendant was 75% at fault in causing the injuries sustained by the plaintiff was not against the weight of the evidence. The plaintiff testified that she became caught in the closing doors of a subway car and fell to the concrete station platform, and her doctor testified that the plaintiff’s displaced subcapital fracture of the femur was caused by that fall. The trial court was free to credit this testimony, and there was little evidence tending to contradict it. The defendant’s contention that the plaintiff sustained her injuries in a second accident unrelated to the fall in the subway station is based on nothing in the record, and amounts to the sheerest speculation. Under the circumstances of the instant case, we find that the award of damages was not excessive. Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated August 23, 1984, which, after a nonjury trial in which the court found that the plaintiff’s damages amounted to the principal sum of $150,000, and apportioned fault at 75% against the defendant and 25% against the plaintiff, awarded the plaintiff the principal sum of $112,500.

Judgment affirmed, with costs.

The trial court’s finding that the defendant was 75% at fault in causing the injuries sustained by the plaintiff was not against the weight of the evidence. The plaintiff testified that she became caught in the closing doors of a subway car and fell to the concrete station platform, and her doctor testified that the plaintiff’s displaced subcapital fracture of the femur was caused by that fall. The trial court was free to credit this testimony, and there was little evidence tending to contradict it. The defendant’s contention that the plaintiff sustained her injuries in a second accident unrelated to the fall in the subway station is based on nothing in the record, and amounts to the sheerest speculation. Under the circumstances of the instant case, we find that the award of damages was not excessive. Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

117 A.D.2d 796, 499 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 53069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tornesi-v-new-york-city-transit-authority-nyappdiv-1986.