In Sabella v. City of New York , Lisa Sabella sued the New York City Transit Authority (NYCTA) after she was injured while exiting a city bus.
Sabella alleged the driver caused her ankle fracture because he failed to provide her with a safe place to exit by not engaging the bus's kneeling device.
When the Richmond County Supreme Court denied NYCTA 's request to dismiss the case, the agency appealed to the Appellate Division, Second Department, which reversed the lower court's determination.
Apparently, NYCTA 's policy requires a bus be lowered only if it is stopped more than six inches from the curb, or if a passenger is disabled, a senior citizen, or is carrying a baby stroller.
Since the bus was stopped within six inches from a sidewalk which had no defect, and because Sabella didn't fit within the established exceptions, the AD2 was of the view the driver didn't have a duty to lower the bus before she disembarked.
Forget the ankle, NYCTA brought Sabella to her knees.
To download a copy of the Appellate Divisions' decision, please use this link: Sabella v. City of New York