RIDER’S INJURIES WEREN’T DUE TO FERRY’S SUDDEN MOVEMENT
After she fell on the Staten Island Ferry, GI commenced suit in the New York County Supreme Court to recover damages for her personal injuries. But after the defendants’ motion to dismiss the case – via summary judgment – was granted, an appeal followed.
The Appellate Division, First Department, noted that while GI alleged her injuries were due to a sudden “jerk,” as the ferry hit the dock, a surveillance video produced by the defendants showed that GI fell after standing up, and that no “other passengers nearby stumbled or moved at the time [GI] fell.”
Given that evidence, and her failure to proffer an “issue of fact,” the AD1 left the dismissal undisturbed.
There was no jerking around here …..
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DECISION