Smith v. Central New York Regional Transportation Authority, 14 N.Y.3d 129 (2010)
A common carrier’s duty to an alighting passenger terminates once the passenger safely disembarks at a safe location, even if the passenger is a schoolchild, unless a specific statute imposes a further duty (e.g., statutes governing yellow school buses).
Summary
This case addresses the extent of a common carrier’s duty to an alighting passenger, specifically a schoolchild. A 12-year-old student, Derek Smith, was struck by a car after exiting a Centro bus and walking in front of it. The New York Court of Appeals held that Centro and its driver owed no further duty to Derek after he safely exited the bus at a safe location. The Court distinguished this situation from cases involving yellow school buses, which are subject to specific statutory requirements regarding safety equipment and procedures for alighting students. The key rationale was that the Centro bus was a public bus not subject to the same regulations as yellow school buses; therefore, the common carrier’s duty ended upon safe disembarkation.
Facts
Derek Smith, a 12-year-old student, rode a Centro bus that was contracted to transport students. He received bus safety instructions that included not crossing in front of the bus. On October 3, 2002, the bus driver missed Derek’s stop. After turning around, the bus stopped on the opposite side of the street from Derek’s usual stop. Derek exited the bus and immediately walked in front of it, into traffic, where he was hit by a car and severely injured.
Procedural History
Derek’s father sued Centro and the bus driver, Theodore Gray, alleging negligence. The Supreme Court granted summary judgment to the defendants. The Appellate Division modified the Supreme Court’s order, reinstating the common-law negligence claim. The Appellate Division then certified a question to the New York Court of Appeals.
Issue(s)
Whether a common carrier’s duty to an alighting passenger, specifically a schoolchild, extends beyond providing a safe place to disembark, such that the carrier is responsible for ensuring the passenger’s safe passage across the street after exiting the bus.
Holding
No, because the common carrier’s duty to an alighting passenger ends once the passenger safely disembarks at a safe location.
Court’s Reasoning
The Court of Appeals relied on the established rule that a common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark. Quoting Miller v Fernan, 73 NY2d 844, 846 (1988), the court stated, “a common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark and leave the area.” The Court emphasized that once safe disembarkation occurs, no further duty exists, even if the passenger is a schoolchild crossing the street. The Court distinguished this case from Sewar v Gagliardi Bros. Serv. (51 NY2d 752 [1980]), which involved a yellow school bus subject to specific statutory regulations and safety equipment requirements under Vehicle and Traffic Law § 375 (20). The Centro bus was not subject to these rules and the driver had no legal authority to stop traffic to allow Derek to cross the street safely. Because the bus stopped at a safe location, the defendant’s duty was discharged. The court highlighted that imposing a continuing duty would place an unreasonable burden on common carriers operating public buses. There were no dissenting opinions.