Grant v. New York City Transit Authority

In Grant v. New York City Transit Authority (61 AD3d 422 [1st Dept 2009]), the plaintiff was injured while standing on a bus that came to a sudden stop. The First Department concluded: Plaintiff . . . testified that buildings within his view seemed to be "moving" by very quickly as the bus engine made a high-pitched sound. Plaintiff estimated the bus's speed to be at least 35 to 40 miles per hour immediately before deceleration. Plaintiff added that when the bus stopped, he was launched into the air even though he was holding the overhead grip. It was also plaintiff's testimony that the bus's sudden stop caused another standee to fall to his knee. Such testimony constitutes "objective evidence that the force of the stop sufficient to establish an inference that the stop was extraordinary and violent, of a different class than the jerks and jolts commonly experienced in city bus travel and, therefore, attributable to the negligence of defendant." (Id. at 422-423)