Practice Area:Slip and Fall Accident
Outcome:Denial of Defendant's Motion for Summary Judgment
Description:Plaintiff was injured while alighting from a bus. The bus company as a common carrier owes a heightened duty of care to protect is passengers. Here, the bus driver placed an unsecured wooden box down to assist passengers off the bus and stood nearby to catch any passenger who fell forward. Plaintiff claims that the box was unfit for its intended purpose. The court, in denying Defendant's Motion for Summary Judgment, held that the affirmative action of the bus driver created the alleged defect of which Plaintiff complains.