Those Pushy New Yorkers

A woman named Patricia Garcia was standing on a subway platform in Queens, New York one day, and was apparently accidently pushed off the platform by a large crowd waiting to board the next train (if you have ever ridden the New York subway with small children, you know this fear). She fell about five feet, landed on her head, and subsequently died a few days later due to her injuries. Her family then sued the New York City Transit Authority and won a $2,000,000 judgment at trial, on the theory that the City had a duty to protect her from busy subway platforms with pushy New Yorkers on them.

The City appealed, and threw the case out, but for a different reason than you might expect: it ruled that the City did indeed have a legal duty to protect subway riders from large pushy crowds, but that in Ms. Garcia's case, her family didn't demonstrate that the crowd was large enough, or pushy enough. Hmmm.

What do you think? Should Ms. Garcia's case have been thrown out? Should the court have left the door open for the next person to sue the City? Post your comments on our Facebook page.

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