June 20, 2012

Bus drivers' negligence.


Practice point: Defendant made a prima facie showing that defendant-bus driver acted reasonably in an emergency situation not of his own making, and thus was not negligent. The bus driver testified that the bus was crossing an intersection when a car, traveling in the opposite direction, crossed over the double yellow lines and cut in front of the bus in order to make a left turn, forcing the bus driver to apply the brakes.

Student note: Plaintiff's testimony that the bus driver was "speeding" was insufficient to raise a triable issue of fact.

Case: Vega v. MTA Bus Co., NY Slip Op 04681 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Joint representation conflicts.