Monday, April 2, 2007

Bus Stop

After school, the bus driver let plaintiff and three other students off at their appointed stop. The driver knew that plaintiff had to cross the street in order to get home but, in direct contravention of Vehicle and Traffic Law § 1174(b), did not tell plaintiff to cross in front of the bus. Plaintiff was fooling around with his friends and, as the bus pulled away, lost his balance, fell backwards into the bus and was injured. The Second Department found for the bus company, in Isola v. Independent Coach Corp., decided on March 27, 2007. The court determined that the statute in question was designed to protect children crossing the street after having been let off the bus, and, on these facts, the statute's violation could not have been a proximate cause of plaintiff's injury.