In order to prevail on a cause of action alleging a common carrier's negligence 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 travel on a city bus. The plaintiff may not satisfy that burden of proof merely by characterizing the stop as unusual and violent.
In seeking summary judgment dismissing the cause of
action, common carriers have the burden of establishing, prima facie,
that the stop was not unusual and violent. That burden may be satisfied
by the plaintiff's deposition testimony as to how the accident occurred.
Dani v. New York City Tr. Auth., NY Slip Op 01452 (March 7, 2018 2d Dep't)
Here is the decision.
