DOOMES v. BEST TRANSIT CORP.

4717, 4717A, 4717B, 16893/94, 16954/96, 17408/94

68 A.D.3d 504 (2009)

2009 NY Slip Op 9154

890 N.Y.S.2d 526

GLORIA DOOMES, Respondent, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Appellant. ANA JIMINIAN, Respondent, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Appellant. KELLI RIVERA, Respondent, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Appellant.

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

Decided December 10, 2009.


In 1994, a bus driver fell asleep at the wheel while driving on a highway at approximately 60 miles per hour. The bus, which was manufactured by Warrick from a chassis produced by defendant Ford Motor Company, moved across the highway, from the right-hand lane into the passing lane and then onto the median strip and a sloping embankment before rolling over several times after the driver woke up and tried to steer the bus back to the roadway. Plaintiffs, who were among the...

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