The Rogak Report: 03 Jan 2006 ** Buses - Disembarking Passenger **
- BUS OPERATOR HAS DUTY TO LET PASSENGERS OFF IN A SAFE PLACE
Elizabeth Frett v. New York City Transit Authority (Index No.
11958/98) (2d Dept 2005)
Plaintiff was injured when she stepped from a bus into a defect in
the pavement. A Kings County jury returned a verdict for plaintiff.
The Appellate Division affirmed.
"A common carrier owes a duty to an alighting passenger to stop at a
place where the passenger may safely disembark and leave the area."
Here, the jury found that the defendant New York City Transit
Authority breached this duty when its driver stopped its bus in a
location where the plaintiff's foot became caught in a crevice-like
hole as she was leaving the bus and she was injured," held the Court.
"A jury verdict will not be set aside as against the weight of the
evidence unless it could not have been reached on any fair
interpretation of the evidence. Contrary to the Transit Authority's
contention, there was a fair interpretation of the evidence upon
which the jury could conclude both that the bus operator did not
satisfy his duty to the alighting passenger and that the plaintiff
was not negligent."