Summary Judgment Granted after Plaintiff Evidence Deemed Insufficient
On September 30, 2017, Ms. Soo Ja Park onboarded a New York City Transport Authority (NYCTA) bus to Flushing, New York. After boarding the bus and paying her fare, Ms. Park was walking to her seat when she claimed that the bus abruptly and violently lurched forward. This unexpected movement caused her to lose balance and be thrown around inside the vehicle. She never anticipated this sudden movement of the bus and was not ready. As a result of this, Ms. Park suffered severe and serious injuries to her lower back and head. As a result, on May 21, 2018, she filed a lawsuit against the NYCTA. NYCTA filed a motion for summary judgment seeking a dismissal of Ms. Park’s complaint.
The Lawsuit
During the lawsuit, Ms. Park contended that the driver of the bus was driving very recklessly and was negligent. She stated that the driver was not attentive when someone was entering the bus or exiting from it. She also mentioned that he was unskilled, and was accelerating and braking carelessly causing the bus to jerk a lot. Regarding her injury, Ms. Park testified that as soon as she entered the bus and was approaching her seat, the driver of the bus unusually and violently accelerated the bus, which caused her to fall and slide on the bus floor and injure herself. She held NYCTA liable for employing unskilled drivers to operate buses. Along with Ms. Park, another passenger named Ms. Meryl Faras also testified that the acceleration of the bus was sudden and violent.
NYCTA presented video footage in their evidence. The video footage showed Ms. Park boarding the bus and walking past a vacant row of seats reserved for disabled passengers. In the video, she was seen approaching a forward-facing seat to her left and, just as she nears it, the bus begins moving slowly. She was seen losing her balance and falling sideways onto the seat she was attempting to occupy. However, contrary to what she testified, she did not slide to the floor. The footage also indicated that only one second elapsed from the time Ms. Park approached the seat, to when she lost her balance. During this time, the bus traveled a very short distance at a speed of three miles per hour and none of the other seated passengers jolted or seemed affected in any way.
On November 11, 2022, the Supreme Court granted NYCTA’s motion for summary judgment. The Supreme Court found that Ms. Park’s and Ms. Farash’s testimonies describing the bus as speeding and accelerating in a sudden and violent manner were insufficient. According to Court both testimonies failed to objectively support their claims, especially because the Defendant provided a video that the movement of the bus was not unusual or violent and the jerks and jolts were normally what is experienced in a city bus travel. Ms. Park appealed Supreme Court’s judgment. Unfortunately, during the pendency of appeal, Ms. Park died of natural causes and Joo Yeon Park acted as her substitute.
The Appeal
In Joo Yeon Park v. N.Y.C. Transit Auth., the Appellate Court upheld the Supreme Court’s judgment on October 30, 2024 and granted the Defendant’s motion for summary judgment. The Appellate Court reviewed similar judgments and held that to establish a prima facie case of negligence against a common carrier such as the Defendant’s bus, the Plaintiff must demonstrate that the movement was both “unusual and violent,” beyond the ordinary jerks and jolts of typical of city bus travel. Appellate Court validated Supreme Court’s inference and held that the Plaintiff merely characterized the movement as unusual or without any objective evidence, which was insufficient. Further, the Appellate Court also noted that NYCTA met its burden for summary judgment by submitting bus camera footage showing that the movement was consistent with the typical experience of city bus travel. This evidence established that the movement was not extraordinary, violent or reckless, entitling the Defendant to summary judgment.
Sternberg Injury Law Firm
Sternberg Injury Law Firm, founded in 2016, is experienced in assisting personal injury claims, including those related to negligence and rash driving. We provide complimentary consultations for individuals affected by similar situations across New York State. Our seasoned attorneys will meticulously assess your circumstances to determine the optimal course of action. Our objective is to ensure the maximum compensation, enabling you to prioritize your recovery should you select us as your legal representatives. To initiate contact, please reach out to us through our website, email, or phone call.