The jury, which found the New York City Transit Authority and a motorman not negligent for the accident in which the plaintiff lost his left leg and right foot after being run over by a subway, never reached the issue of the plaintiff's comparative fault and were not prejudiced by the reference to an excluded medical report.
August 13, 2015 at 08:00 AM
1 minute read
A judge ruled that there was no prejudice in a personal injury trial after the defense lawyer said the word “intoxicated” in front of the jury, citing a medical report about the plaintiff that had been excluded from evidence.
The jury found the New York City Transit Authority and a motorman were not negligent for the accident in which plaintiff Johnny Searcy lost his left leg and right foot after being run over by a train on the northbound “D” line in Brooklyn.
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