Practice point: To prevail on a cause of action alleging that a common carrier's driver was
negligent in stopping a bus, a plaintiff must prove that the stop was
unusual and violent, rather than merely one of the sort of jerks and
jolts commonly experienced in city bus travel. A plaintiff may not satisfy the burden of proof merely by characterizing the stop as unusual and violent. Instead, 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
negligence of defendant.
Student note: In seeking summary judgment dismissing the complaint,
however, common carriers have the burden of establishing, prima facie,
that the stop was not unusual and violent.
Case: Alandette v. New York City Tr. Auth., NY Slip Op 03113 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Re-service while a motion to dismiss is pending.
