GLADON V. GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY
662 N.E.2d 287 (1996)
NATURE OF THE CASE: Transit Authority (D), contested an order which entered a verdict
awarding Gladon (P) damages arising from D's operation of a rapid transit train which struck
P causing him serious and permanent injuries. After the trial court overrule D's motion for
a directed verdict, the jury considered the allegation of negligent operation.
FACTS: D appealed from a jury verdict awarding P $2,736,915.35 in damages arising from
D's operation of a rapid transit train. P purchased a passenger ticket and boarded a D rapid
transit train. P had been at a baseball game and had consumed about five 16-ounce beers. P
left his friends at the stadium in search of a restroom, and ended up traveling alone on D's
train. There were no witnesses to the incident and the jury only heard P's account of
events. P mistakenly exited the train at the West 65th Street Station and, once on the
platform, was chased and attacked by two unknown males. P testified that he remembered being
'rolled up in a ball' on the tracks but he could not recall if he had jumped onto the tracks
or had been pushed onto the tracks. He did recall being kicked in the head. A train
approached the West 65th Street Station. Mary Bell, the train's operator, had the train in
braking mode when she observed first a tennis shoe and then Gladon's leg on the tracks. She
pulled the emergency brake but the train struck P causing him serious and permanent
injuries. P sued D and the operator alleging negligence in the security and in the operation
of the train. The trial court granted D summary judgment as to the negligent security claim
and the case proceeded to trial on the negligent operation claim. The court instructed the
jury that P was an invitee and that the driver of a rapid transit car with the right of way
must use ordinary care. The jury returned a verdict for P and overruled D's motion for
judgment notwithstanding the verdict. The court of appeals affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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