Bus injury cases.

Practice point: To establish a prima facie negligence case for a passenger’s injuries sustained as a result of the movement of the bus, the plaintiff must establish that the movement consisted of a jerk or lurch that was unusual or violent.

Student note: Proof that the stop was unusual or violent must consist of more than a mere characterization of the stop in those terms by the plaintiff. There must be objective evidence of the force of the stop sufficient to establish an inference that the stop was extraordinary and violent, of a different class than the jerks and jolts commonly experienced in city bus travel and, therefore, attributable to the defendant’s negligence.

Case: Gioulis v. MTA Bus Co., NY Slip Op 02632 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Construing a lease.