Thursday, January 21, 2016

Bus stops.

Practice point:  The Appellate Division affirmed dismissal of the complaint based on the deposition testimony of plaintiff and her daughter, a fellow passenger, which demonstrated that the bus did not stop in a way that was unusual, violent, or of a different class from the jerks and jolts typically experienced in city bus travel.

Student note:  To establish a prima facie case of negligence against a common carrier for injuries sustained when the vehicle comes to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was unusual and violent. Proof that the stop was unusual or violent must consist of more than a mere characterization of the stop in those terms by the plaintiff.  Instead, there must be objective evidence of the force of the stop sufficient to establish an inference that the stop was extraordinary and violent, of a different class than the jerks and jolts commonly experienced in city bus travel and, therefore, attributable to the defendant's negligence.

Case: Andreca v. Cash World Tours, Inc., NY Slip Op 00138 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue: "Employee," within the meaning of the Labor Law.