Practice point: Defendants established their entitlement to judgment as a matter of
law by demonstrating the applicability of the emergency doctrine in this
action where plaintiff was injured when the bus in which she was a
passenger stopped suddenly, hurling her forward into the windshield.
Defendants submitted evidence showing that, shortly after the bus had
started to move after being stopped at a traffic light, a car drove
around the bus erratically and at a high rate of speed, cutting the bus
off so closely that the car's rear bumper came within an inch of
striking the bus' front bumper. Defendant bus driver was forced to stop
suddenly in order to avoid colliding with the car.
Student note: Plaintiff's assertion, in her opposition affidavit, that no car cut the bus off at any time
prior to the accident was unavailing as it contradicted her
deposition testimony.
Case: Orsos v. Hudson Tr. Corp., NY Slip Op 097839 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: CPLR 305(c).
