Wesley v. Greyhound Lines, Inc

In Wesley v. Greyhound Lines, Inc., 47 N.C. App. 680, 268 S.E.2d 855, disc. review denied, 301 N.C. 239, 283 S.E.2d 136 (1980), plaintiff brought an action against the bus company for failing to protect her from an assault that occurred in the restroom of the defendant's bus station. Id. at 684, 268 S.E.2d at 859. The plaintiff established that defendant's bus station was located in a high crime area in which drug arrests were common and that pimps, prostitutes and vagrants loitered about the premises. Id. at 685, 268 S.E.2d at 859. The assailant, a loiterer, had bothered passengers in the station on other occasions and had been asked to leave on multiple occasions. Id. The entrance to the women's restroom was not observable by employees at defendant's station, although technological means were available to make it so. Id. at 700, 268 S.E.2d at 867. Though a police officer had spoken to defendant's agents about the need for and availability of security guards, the defendant had not provided any. Id. The Wesley Court concluded the evidence was insufficient to submit the issue of punitive damages based on willful or wanton negligence to the jury, even though the defendant had a special duty as a carrier to protect its passengers from assault. Id. at 701, 268 S.E.2d at 868;