Bethel v. New York City Transit Authority,

703 N.E.2d 1214 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was hurt on D's bus when the wheelchair accessible seat collapsed under him. P could not prove that D actually knew of the defect but nonetheless relied on a theory of constructive notice evidenced by a computer printout of a repair record that the seat had been fixed or adjusted and that a proper inspection of those repairs would have revealed the defect causing the collapse 11 days later. The court charged the jury with the then accepted standard of care for a common carrier; highest care owed by a common carrier. P got the verdict under the constructive notice theory, and the Appellate Division affirmed without addressing the standard of care. This appeal resulted.