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Claim Against New York City Transit Authority ReinstatedIn this New York City personal injury claim, plaintiff claimed she was injured while attempting to alight from an articulating New York City Transit Authority (NYCTA) bus.
There was no dispute that the rear exit of the bus was not positioned adjacent to the sidewalk so that a passenger could properly step from the bus onto the sidewalk. It was also unrefuted that there was nothing blocking the bus stop such that would prevent the bus operator from properly pulling to the curb.
NYCTA moved for summary judgment to dismiss the case claiming there was no duty to pull to the curb. On the motion, plaintiff proffered expert opinion that it was the industry standard to pull to the curb when able to do so.
The lower court agreed with NYCTA and dismissed plaintiff’s complaint.
Mr. DiMartini was called in to review the claim and appeal the decision to the appellate court. He argued that the lower court erred in not finding an issue of fact as to what constituted the correct industry standard. Such an issue must be decided by a jury and not the court. The Appellate Division agreed with Mr. DiMartini and reinstated plaintiff’s claim.
[Names have been redacted]
New York (Stuart DiMartini of counsel), for appellant.
Order, Supreme Court, Bronx County, in an action for personal injuries, granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.
Plaintiff was injured when she twisted her ankle and fell while disembarking a bus owned and operated by defendant Transit Authority. The record demonstrates that a triable issue of fact exists regarding whether, by stopping the bus several feet from the curb, defendant breached its duty to plaintiff to stop the bus at a place from which she could safely disembark (see Malawer v New York City Tr. Auth., 6 NY3d 800 , affg 18 AD3d 293; Sutin v Manhattan & Bronx Surface Tr. Operating Auth., 54 AD3d 616 ; compare Trainer v City of New York, 41 AD3d202  [bus stopped away from curb because bus stop was blocked by non-Transit Authority traffic]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
If you or a loved one has been injured in a accident that was caused by the carelessness of the New York City Transit Authority accident, we are here to fight for your rights.
Call Mr. DiMartini today at 1.844.299.0030. He will be glad to answer your questions. He is an experienced New York City personal injury attorney and appellate advocate. You can also contact us online. The initial consultation is free. There is never an attorney’s fee unless we win your case!