While driving along a highway at 60 mph, a bus driver fell asleep at the wheel, causing the vehicle to veer off-road and roll over several times -- injuring all nineteen passengers aboard.
After Gloria Doomes and two other passengers sued the bus manufacturer claiming that it had negligently lengthened the original chassis, and failed to install seatbelts, the Bronx County Supreme Court awarded relief in Gloria's favor.
On appeal, the Appellate Division, First Department, thought the evidence didn't clearly establish the accident's cause and opted to dismiss the case. (It didn't help that a federal law -- the National Traffic and Motor Vehicle Safety Act of 1966 -- preempted a New York State law which required seat belts for buses.)
Was poor Gloria's case Doomsed?
To view a copy of the Appellate Division's decision, please use this link: Doomes v. Best Tr. Corp.