In Toolsie v. New York City Transit Authority , Savatree Toolsie sued the New York City Transit Authority (NYCTA) after twisting her ankle and falling while exiting a bus.
When the Bronx County Supreme Court dismissed Toolsie's case, an appeal to the Appellate Division, First Department, followed.
Since the bus stopped several feet from the curb, the AD1 was of the view there were unresolved questions whether NYCTA breached its duty by failing to stop the bus at a place where Toolsie could safely exit. That, according to the AD1, warranted resuscitating the case and allowing it to proceed to trial.
That Toolsie was no foolsie!
To download a copy of the Appellate Division's decision, please use this link: Toolsie v. New York City Transit Authority