NELSON v. BESTWAY COACH EXPRESS


36 A.D.3d 488 (2007)

828 N.Y.S.2d 340

CYNTHIA NELSON, Appellant, v. BESTWAY COACH EXPRESS et al., Respondents.

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

Decided January 16, 2007.


Plaintiff was injured on June 15, 2003 when, while riding as a passenger in upstate New York on one of defendant bus company's vehicles driven by codefendant employee Piedecasas, the bus collided with a deer. According to Piedecasas, he saw the deer in time to reduce speed to five miles per hour, but it unexpectedly lunged into the windshield of the bus. When this action reached the discovery phase, Piedecasas's deposition was postponed twice, at defense counsel's request...

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