Kagie Kong was injured after an MTA bus driver swerved to avoid a collision with a vehicle. When she later filed her negligence case, the Queens County Supreme Court granted the agency's request to have the lawsuit dismissed.
Under New York's "emergency doctrine," when a person is faced with an unexpected situation and has little time to make a decision, he or she will not be found guilty of negligence if the actions taken were "reasonable and prudent in the context of the emergency." Because the bus driver was faced with an unexpected circumstance, and his decision to swerve suddenly and without warning was intended to avoid collision, the Appellate Division, Second Department, thought that the driver's conduct constituted an appropriate emergency response and affirmed the dismissal.
That was no accident.
To view a copy of the Appellate Division's decision, please use this link: Kong v. MTA Bus Co.