MTA – AND OTHER PARTIES -- FOUND LIABLE FOR NEGLIGENCE
After the New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, and MTA Bus Company were found liable for C.W.’s personal injuries by the Bronx County Supreme Court, an appeal followed.
On its review of the case, the Appellate Division, First Department, thought the record supported the grant of summary judgment – pre-trial relief – in C.W’s favor. Apparently, the driver conceded seeing an icy condition on the sidewalk yet allowed passengers to exit the bus using the rear door, which was positioned directly above that hazard.
Finding that the defendants breached a “common carrier's duty to stop at a place where alighting passengers may safely disembark and leave the area,” the AD1 left the liability finding undisturbed.
Time for us to head to the exit ….
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DECISION