May 11, 2007

Plaintiff, take your lumps.

Plaintiff was boarding a city bus just as the driver ordered the passenger ahead of her to get off. As that passenger turned around, he knocked the plaintiff over and she fell into the street. The city moved for summary judgment, arguing that plaintiff's injuries were wholly attributable to the actions of the other passenger, and not the result of the driver's negligence. The Second Department agreed, in Culmone v. New York City Transit, which was decided on May 8, 2007. The court said that even if the driver had been negligent, his conduct only furnished an occasion for the injury-producing event, and that the other passenger's behavior was the sole proximate cause of plaintiff's injuries.