To assist the elderly and physically challenged, New York City buses are lift-equipped and have "kneeling features" which are intended to facilitate passengers' entry and exit.
Hazel Trainer was injured exiting a New York City Transit Authority (NYCTA) bus which had stopped at a curb. It was the 77-year old's contention that the driver had negligently failed to engage the bus's "kneeling" mechanism.
When NYCTA moved to dismiss the case (citing the absence of any duty breached or violated), the New York County Supreme Court agreed. And, the Appellate Division, First Department, affirmed that outcome on appeal.
While passengers are entitled to "a safe place and means to alight," since the bus stop had been blocked by non-NYCTA vehicles and there were no perilous conditions extant, the appellate court was of the opinion that the senior's failure to request that the driver make the bus kneel, worked to her case's detriment. As the AD1 noted:
In the absence of any evidence that plaintiff appeared incapable of negotiating the distance, there was no duty to lower the steps, and the stop away from the curb under these circumstances was not negligent ....
So, let's see if we get this case right: 77-year olds are expected to ask NYCTA bus drivers to trigger the mobility feature.
What's up with that?
According to Emily Post , no self-respecting lady would ever ask a guy to kneel.
For a copy of the Appellate Division's decision, please use this link: Trainer v. City of New York