Rivera v. New York City Transit Authority

Milton Rivera suddenly staggered and fell onto subway tracks as a train approached, and the train struck and killed him. His widow, Ada Rivera (plaintiff), sued the Transit Authority (defendant). At trial, an expert testified the operator was driving at a safe, reasonable speed, and evidence showed conductors have a limited view of the track until a passenger is very close to the rails. The Transit Authority asked the judge to instruct the jury on the 'emergency doctrine,' but the trial court refused, and the jury found for Rivera's widow.