Olena Tarnavska was thrown to the floor of a bus when it stopped suddenly to avoid a collision with another vehicle.
After she filed suit, the Kings County Supreme Court and the Appellate Division, Second Department, concluded that the "emergency doctrine" applied to this particular incident and that the case needed to be dismissed. (Since the bus driver wasn't at fault for what happened, and his actions were a "reasonable and prudent response to an emergency," no negligence liability could attach.)
She had to have been floored by that, too.
To view a copy of the Appellate Division's decision, please use this link: Tarnavska v. Manhattan & Bronx Surface Tr. Operating Auth.
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