Vision Impaired Man Sues after Unsafe Dropoff from Cab
Mr. Kenneth Bailey, a blind man, utilized the Access-A-Ride program of the New York City Transit Authority (NYCTA). Access-A-Ride provides transportation for individuals with disabilities or health conditions. NYCTA provided this program in collaboration with a company called All Taxi Management, Inc. (“All Taxi”) that was licensed to manage New York City Taxies. Mr. Bailey booked a cab using a platform called Curb Mobility LLC (“Curb”). Mr. Bailey booked a cab to Queens, New York under this program and while exiting the cab, he tripped and fell into a hole on a street and sidewalk in Queens. As a result of this accident, he suffered severe injuries to his back and legs. Resultantly, Mr. Bailey lodged a complaint against the New York City, NYCTA, All Taxi, Curb Mobility LLC, and Mr. Ibrahim Kante who was driving the cab. The complaint was filed on August 10, 2021.
The Lawsuit
Mr. Bailey alleged that the driver, Mr. Kante was driving rashly and was negligent throughout the ride, including at the site of the accident. He stated that Mr. Kante recklessly stopped the cab to drop him off and did not notice the hole on the road and the adjacent sidewalk. He stated in his complaint that Mr. Kante operated the cab at the request and under directions of All Taxi. They negligently hired, trained, supervised, and retained Mr. Kante. Further, he alleged that NYCTA approved Mr. Kante’s enrollment to the Access-A-Ride program. He contended that Mr. Kante had an agency relationship with NYCTA, All Taxi and Curb Mobility LLC making them vicariously liable and responsible to pay damages for his negligence. NYCTA, All Taxi and Curb Mobility LLC filed a motion to dismiss cause of actions (under CPLR 3211(a)(7)) which were limited to their vicarious liability and negligent hiring and training. Under CPLR 3211(a), a litigant can ask the court to dismiss one or more claims against them if they believe the other party’s complaint does not clearly state a valid legal claim.
In its defense, All Taxi stated that they did not have an employer-employee relationship with Mr. Kante. Mr. Max Greenbaum, who was the Manager of All Taxi testified on their behalf and emphasized on an Agreement with Mr. Kante as per which Mr. Kante was responsible for the management of taximeter and credit card machine. Mr. Kante was also responsible for maintaining the vehicle in accordance with applicable rules and regulations. All Taxi only had the right to inspect the vehicle each week. Under this Agreement, Mr. Kante also agreed to assume the entire risk of loss or damage to the vehicle. Further, Mr. Greenbaum testified that All Taxi did not pay Mr. Kante a salary, did not withhold any taxes, and provided him no benefits. Mr. Kante was entitled to all of the money he earned, including what he earned using credit cards or Apps such as Curb. All Taxi never assisted Mr. Kante in getting fares or storing his vehicle in their garages. Similarly, Curb Mobility LLC and NYCTA stated that they did not have any contribution in the hiring or training of any drivers and merely provided a technology platform that connected drivers with passengers like Mr. Bailey.
Court reviewed all arguments and testimonies presented by the parties. The court reviewed similar rulings and held that a motion under CPLR 3211(a)(7) is decided based solely on the pleadings, not on testimony or evidence. The plaintiff must include specific facts supporting each element of their claims. In this case, the Court determined that Mr. Bailey sufficiently alleged claims for negligent hiring, training, supervision, retention, and vicarious liability based on agency theory and dismissed Defendants’ motion through its order dated April 10, 2022. Defendants appeal.
The Appeal
The Appellate Court in Bailey vs. City of New York, held that a principal is vicariously liable for an agent’s negligence if it occurs within the scope of their role. An agency relationship exists when the agent consents to act on behalf of and under the principal’s control with express, implied, or apparent authority. The court upheld the Supreme Court's findings, as Mr. Bailey's pleadings sufficiently established an agency relationship, warranting a trial. However, with respect to the claim of negligent hiring the Court held that an employer can be held liable for negligent hiring, retention, or supervision if it is shown they knew or should have known about an employee's tendency to engage in harmful behavior. In this case, Mr. Bailey’s complaint failed to show that Curb Mobility, All Taxi or NYCTA’s involvement in hiring or that they knew or should have known about the driver’s behavior, making the claims for negligent hiring, training, and retention insufficient.
The Appellate Court, on June 12, 2024, reversed the Supreme Court’s judgment solely on the limited grounds of negligent hiring. However, the remaining two counts—rash and negligent driving, along with the Defendants’ vicarious liability due to Mr. Kante’s negligence—were deemed well-established based on the Plaintiff’s pleadings, as recognized by the Appellate Court. Consequently, these grounds remain intact, and the Defendants await trial on these issues.
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