Smith v. Sherwood – Case Brief Summary (New York)

In Smith v. Sherwood, 16 NY3d 130, 133, 944 N.E.2d 637, 919 N.Y.S.2d 102 (2011), a public bus dropped off a twelve year old boy on the side of a four lane road, opposite from where the boy usually disembarked.

The driver had gone past the boy's stop on the west side of the street, turned around in a parking lot (pursuant to its scheduled route), and stopped on the east side of the street to let the boy off. The boy was injured when he crossed in front of the school bus and was struck by an automobile traveling in the same direction of the bus.

The Court of Appeals ruled, "Although plaintiff correctly notes that there is a question of fact regarding the reason why Derek was dropped off on the east side of South Salina Street instead of the west side, it is unnecessary to resolve that factual issue because Derek exited the bus at a safe location, terminating the duty owed to him by [the bus company and bus driver]." Id.