NEW YORK (Legal Newsline) – A man upset that a bus driver swerved to miss a pedestrian has had another court rule against his lawsuit against the New York City Traffic Authority.
The Appellate Division, First Department ruled Jan. 19 against plaintiff Lawrence Mobley Jr., who says he was caused to fall when a bus driver avoided hitting a pedestrian. The decision affirms a Bronx County grant of summary judgment to the NYCTA.
The NYCTA said its driver was forced to take evasive maneuvers because a pedestrian walked out in front of the bus. The court found the plaintiff failed to submit any evidence to support his argument that the pedestrian had not walked far enough into the bus’ paths to warrant the swerve.
“Additionally, the manner in which defendants’ bus driver decelerated and swerved the bus to the left was not extraordinary or violent, but merely subjected plaintiff to no more than the usual jolts experienced on a city bus, as demonstrated by, among other things, the fact that no other passenger on the bus fell,” the ruling says.