Harris v. Manhattan & Bronx Surface Tr. Operating Auth

In Harris v. Manhattan & Bronx Surface Tr. Operating Auth. (138 AD2d 56 [1st Dept 1988]) the defendant moved for summary judgment, contending that the plaintiff had failed to make a prima facie case of negligence. The Appellate Division, First Department ruled that defendant's motion for summary judgment should have been denied, stating that "[s]ummary judgment should properly be granted in negligence cases only in rare instances, since ... the very question of negligence is itself a question for jury determination." Id. at 57. The Court noted that "these cases should not be interpreted to require plaintiff to produce other witnesses to the accident, which would be unnecessary and unreasonable burden in establishing a prima facie case." Id. at 61. The Court further stated: plaintiff here has done more than to merely characterize the stopping of the bus as sudden and unexpected. She stated in her affidavit that the vehicle was traveling at a very high rate of speed when it came to a sudden, unusual and violent stop. She further alleged that a crowd of people standing behind her was thrown against her by the sudden stop. ... The force of the propulsion of plaintiff into the railing ... was apparently great enough to crush plaintiff's ribs. Id.