Jhghhh

Group: Bad Boy

Vu Duc Anh

Ho Trung Hieu

Tran Hoang Thong

I. Citation:

-Ebanks v. NEW YORK CITY TRANSIT AUTH.70 NY2d 621 (1987)

II. Fact:

Plaintiff is Mr Banks, 53 years old, a securities clerk employed and work at Chemical bank in center Manhattan city. On rain morning in March 1980, he went to work in a pair of soft rubber boots cause it was rainy, after he leaving the subway at the Bowling Green Station and stepped onto an escalator owned, operated and maintained by the New York City Transit Authority in oder to go out the streets. When he use an escalator, he heard a rumbling sound and felt the vibration under his feet, left foot had caught in a gap between the escalator step which he estimated was "a couple of inches.", causing him to be thrown to the ground. Fell to the ground made fracturing he left hip and some critical injuries.

III. Issue:

-Who will be the winner between Julius Ebanks and New York City Transit Authority?

- Where Julius Ebanks injuries the result of transit authority negligent operation and maintenance of the escalator?

IV. Decision:

-Julius Ebanks win and he can damage restoration from the New York City Transit Authority, plaintiff's accident at 25% against plaintiff and 75% against defendant, and fixed damages in the total sum of $100,000, the sum of $93,000 for loss of earnings and the sum of $7,000 for pain and suffering.

V. Reason:

- A defendant is liable if fails to repair and maintain a damage that causes injuries to the plaintiff, so the New York City Transit Authority did violated the building code, the court held in favor of Ebanks, so the company must pay the damage.

- Managerial implications, Enterprises must be responsible for managing and supervising the facilities of the company to avoid the causing injuries and lawsuit lead to direct impact to companies.