A West Point cadet’s decision to duck under or sidestep pedestrian warning gates just before he was killed by a speeding Long Island commuter train was the kind of “reckless and extraordinary conduct” that relieves the transit operators of liability, an appeals court has ruled.
A panel of the Appellate Division, Second Department, said the Long Island Railroad and the Metropolitan Transportation Authority are entitled to summary judgment because the agencies could demonstrate that Mitchel Tisdell’s own reckless conduct constituted the sole proximate cause of his death.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
