LEVY v. TOWN BUS CORP.


293 A.D.2d 452 (2002)

739 N.Y.S.2d 459

BETH S. LEVY et al., Respondents, v. TOWN BUS CORP. et al., Appellants.

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

Decided April 1, 2002.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action against the owner and operator of a school bus that struck the injured plaintiff. The defendants moved for summary judgment on the ground that the injured plaintiff suddenly and unexpectedly ran in front of the bus, therefore making the accident unavoidable. The Supreme Court denied the motion, finding that an issue of fact existed as to whether the driver exercised due care while...

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