PLAINTIFF NEEDED TO SHOW “UNUSUAL AND VIOLENT” MOVEMENT
After she fell on a bus owned by the MTA Bus Co., GM filed a personal-injury case.
When the MTA later sought to be dismissed from the dispute, the Queens County Supreme Court granted that request.
On appeal, the Appellate Division, Second Department, noted that GM was required to show that her injuries were the result of some “unusual and violent” movement, “rather than merely one of the sort of ‘jerks and jolts commonly experienced in city bus travel.’”
In this instance, since the record reinforced that there was nothing “unusual or violent” about the bus’s movement at the time of her fall, the AD2 left the dismissal undisturbed.
Now that wasn’t moving at all.
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DECISION