Plaintiff v. Bus Driver (Liability for Sudden Stop)
Synthèse Legislator
Généré par l'IAA plaintiff was injured when a bus, which was in regular service but carrying only the driver and no passengers, suddenly stopped without warning, causing the plaintiff, who was leaning against the interior of the vehicle, to fall; the court of appeal held the driver solely liable based on a presumption of fault under transportation law because the stop was sudden and unusual for a bus in service without passengers, but the high court quashed this decision, reasoning that the general rule concerning the carrier's liability for passenger safety does not apply to someone not legally considered a passenger, thus requiring the plaintiff to prove the driver's actual fault rather than relying on a simple presumption arising from the abrupt stop.
Regeste Legislator
Généré par l'IAPlaintiff v. Bus Driver (Liability for Sudden Stop): A plaintiff was injured when a bus, which was in regular service but carrying only the driver and no passengers, suddenly stopped without warning, causing the plaintiff, who was leaning against the interior of the vehicle, to fall; the court of appeal held the driver solely liable based on a presumption of fault under transportation law because the stop was sudden and unusual for a bus in service without passengers, but the high court quashed this decision, reasoning that the general rule concerning the carrier's liability for passenger safety does not apply to someone not legally considered a passenger, thus requiring the plaintiff to prove the driver's actual fault rather than relying on a simple presumption arising from the abrupt stop.