Federal District Court Denied Summary Judgment Where Plaintiff Alleged Injury Due to Falling When a Bus Braked to Avoid Another Vehicle

In this matter, the plaintiff alleged he was a passenger on the defendant’s bus and was injured when he fell due to the bus stopping short to avoid a collision with another vehicle. 

The court accepted evidence that the bus was properly in the left-hand lane before conducting a left turn. The driver testified that, as she was making the turn, another vehicle tried to turn in front of her and she applied the brakes to avoid a collision. She also testified she was not on her cell phone. 

The plaintiff generally testified the driver was “speeding” and “out of control” and was “always” on her phone, but the plaintiff did not specifically see her using a phone during the time of the collision. 

The discrepancy in facts cited by the court were that the driver stated she did not use her phone at all and the plaintiff said he saw her using it when he got on the bus (when the vehicle would have been stopped). 

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