McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024)
The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions taking by the driver of the vehicle they were riding in.
In this matter, the plaintiff alleged she was injured when another passenger fell on her while aboard an MTA bus. The lower and appellate courts, however, both agreed the record demonstrated that “the movement of the bus was not ‘unusual or violent’ or of a ‘different class than the jerks and jolts commonly experienced in city bus travel.’”
This both finds that the driver did not act negligently nor did the vehicle move in a manner beyond that was normal. Therefore, the plaintiff did not establish a condition or event that could support negligence against the bus operator.
