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Abrams v. Excellent Bus Service, Inc.

Citations: 91 A.D.3d 681; 937 N.Y.2d 117

Court: Appellate Division of the Supreme Court of the State of New York; January 16, 2012; New York; State Appellate Court

Narrative Opinion Summary

The case involves a negligence lawsuit filed by a minor plaintiff and her mother against a bus company and its driver, following an injury sustained by the plaintiff on a moving bus. The plaintiffs alleged that the injury was due to the bus swerving, causing the plaintiff to fall. The defendants moved for summary judgment on liability, while the plaintiffs requested a unified trial. The Supreme Court denied both motions and opted for a bifurcated trial, determining that the nature of the plaintiff's injuries did not affect the liability issue. After the trial, the jury concluded that the defendants were not negligent, leading to a dismissal of the complaint. The court's decision to bifurcate the trial was deemed appropriate and within its discretion. Furthermore, the court denied a res ipsa loquitur charge as the incident did not inherently indicate negligence. The appeal from the intermediate order was dismissed, as the issues were addressed in the appeal from the judgment. The plaintiffs' additional arguments were found to be without merit, and the judges unanimously concurred in the decision.

Legal Issues Addressed

Appeal from Intermediate Order

Application: The appeal from the intermediate order is dismissed due to the entry of judgment, which addresses the issues raised.

Reasoning: The appeal from the intermediate order is dismissed because the right to appeal terminated upon the entry of judgment. The issues raised on appeal have been addressed in the appeal from the judgment.

Bifurcation of Trials

Application: The court conducted a bifurcated trial because the plaintiff's injuries did not influence the liability determination, which was within the court's discretion.

Reasoning: The Supreme Court properly conducted a bifurcated trial, as the nature of the plaintiff's injuries did not impact the liability question.

Negligence and Liability in Personal Injury Cases

Application: The jury found the defendants not negligent, leading to a judgment dismissing the complaint.

Reasoning: Following a trial, the jury found the defendants not negligent, resulting in a judgment dismissing the complaint.

Res Ipsa Loquitur in Negligence

Application: The court denied the plaintiffs' request for a res ipsa loquitur charge as the circumstances did not inherently suggest negligence.

Reasoning: Additionally, the court rightly denied the plaintiffs' request for a res ipsa loquitur charge, as the criteria for such a charge were not met; specifically, a fall on a moving bus does not typically suggest negligence.