BURKE v. MTA BUS COMPANY

2011-06729.

95 A.D.3d 813 (2012)

942 N.Y.S.2d 817

2012 NY Slip Op 3396

LURLA L. BURKE, Respondent, v. MTA BUS COMPANY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant MTA Bus Company for summary judgment dismissing the complaint insofar as asserted against it is granted.

"To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle comes to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was unusual and violent. Proof that the stop was unusual...

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