You still have an obligation to operate a train safely, and this guy just didn't." Following a post-trial motion, the damage award was further reduced to $5 million. Finally in 2006, a panel of appellate judges ruled 4–1 that there was legally insufficient evidence to support a finding of Transit Authority negligence or to establish which of several possible trains caused Kim's injuries. The trial judge was reversed, the jury verdict vacated, and the complaint dismissed. References External links New York (state) state case law United States tort case law 2006 in United States case law 2006 in New York (state) Railway litigation in 2006 New York City Subway City of New York litigation