Dismissal was granted as to the City in this action where the infant plaintiffs, on their way to school, were walking within the crosswalk when one of them was struck by a school bus owned by defendant-bus company and operated by defendant-bus driver. The City had assigned a crossing guard to assist children at the intersection, but the guard called out sick that morning.
In order to establish that the City voluntarily assumed a duty, a plaintiff must show: (1) an assumption by the City's agents, through promises or action, of an affirmative duty to act on behalf of the plaintiff; (2) knowledge on the part of the City's agents that inaction could lead to harm; (3) some form of direct contact between the City's agents and the plaintiff; and (4) the plaintiffs justifiable reliance. Here, as a matter of law, the City had assumed no special duty as to the plaintiffs. There was no direct contact between the City's agents and the plaintiffs. The fact that the guard, when on duty, greeted the plaintiffs and they relied on the guard's instructions does not create a special duty.
Ivan D. v. Little Richie Bus Serv. Inc., NY Slip Op 04823 (1st Dep't June 28, 2018)
Here is the decision.
