Kenneth Reape sued the NYC Transit Authority and bus operator, for injuries sustained while exiting a bus one evening. Reape claimed in his lawsuit, that defendants were negligent in failing to provide plaintiff a safe place to exit the bus. That as a result of being dropped off several feet from the curb, Reape claimed he stepped into an unseen pothole causing him to fall and sustain an avulsion fracture to his right foot.
Defendants maintained that Reape was dropped off at the curb in customary and usual fashion and that the bus would have covered any existing pothole. Defendants further maintained that Reape tripped and fell as he walked away from the drop off point.
Based in part on claimed credibility and character issues, the jury found defendants to be free of any liability and returned a defense verdict dismissing the case. In general, the fact that an accident has occurred, does not automatically mean that someone is negligent in the happening of that accident.
Long Island Lawyer
Paul A. Lauto, Esq.