Sindle v. New York City Transit Authority N.Y. Ct. Of App.,

33 N.Y.2d 293, 307 N.E.2d 245 (1973)

Facts

A group of junior high school students on a Transit Authority (D) school bus began wrecking the bus. The driver admonished the students to cease their destructive behavior. After a subsequent stop, the driver inspected the damage and then told the remaining students that he was taking them to a police station. The driver then closed the doors and bypassed several normal stops and went to the police station. There was no evidence that Sindle’s (P) son was engaged in any of the criminal acts. P decided to sue for false imprisonment on behalf of his son. At the close of the case, D was denied the right to amend his answer to plead justification as a defense. The trial court ruled in favor of P. D appealed.