BETHEL V. NEW YORK CITY TRANSIT AUTHORITY
703 N.E.2d 1214 (1998)
NATURE OF THE CASE: This was a dispute over the duty of care owed by common carriers.
City transit authority (D) sought review of a judgment affirming the trial court's finding
that D was liable to Bethel (P), bus passenger, in a negligence claim.
FACTS: P was hurt on D's bus when the wheelchair accessible seat collapsed under him. P
could not prove that D actually knew of the defect but nonetheless relied on a theory of
constructive notice evidenced by a computer printout of a repair record that the seat had in
fact been fixed or adjusted and that a proper inspection of those repairs would have
revealed the defect causing the collapse 11 days later. The court charged the jury with the
then accepted standard of care for a common carrier; highest care owed by a common carrier.
P got the verdict under the constructive notice theory and the Appellate Division affirmed
without addressing the standard of care. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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