Injury caused by alleged “short stop” does not automatically confer negligence onto common carrier unless there is objective evidence that stop was “unusual and violent.”

Plaintiffs often seek to exploit the standard classification of a “non-negligent passenger” to assert liability against the common carrier. However, in the present matter, the court was confronted with an allegation that the plaintiff was caused to fall and be injured when she was holding a metal grip on the bus and fell to the floor after a “very violent short stop.” All of the available evidence indicated that the description of the stop as “unusual” or “violent” was all subjective and not at all corroborated by any objective evidence. Due to the plaintiff’s failure to provide objective evidence of a sudden, unusual and violent stop, the defendant bus company was entitled to summary judgment as the plaintiff failed to prove the defendant’s actions were negligent.

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