Saturday, November 24, 2018

"Unusual and Violent" Stop Not Established in Bus Accident Case

In Fuentes v. Nassau Inter-County Express, 2018 NY Slip Op 07411 (decided on November 7, 2018), a Nassau County Supreme Court Judge granted a defendants' bus owner and operator's motion for summary judgement (seeking to dismiss the plaintiff's case), finding that no triable issues of fact exist regarding the liability aspect of the case.  The case arose when the plaintiff was injured after boarding a bus owned and operated by defendants, and when the bus suddenly stopped, causing the plaintiff to lose balance, fall, and sustain injuries.  After the defendants' motion was granted, the plaintiff thereafter appealed the decision to the Appellate Division, Second Department.

The Appellate Division affirmed the trial court's decision, holding, among other things, the following: "'In seeking summary judgment dismissing the complaint, however, common carriers have the burden of establishing, prima facia, that the stop was not unusual and violent' [citing Alandette v. New York City Tr. Auth., 127 AD3d 896].  Here, the defendants established their prima facia entitlement to judgment as a matter of law by submitting the plaintiff's deposition testimony demonstrating that the stop of the bus was not unusual and violent...In opposition, the plaintiff failed to raise a triable issue of fact.  Accordingly, we agree with the Supreme Court's granting of the defendants' motion for summary judgment dismissing the complaint."

Salvatore R. Marino, Esq.

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