Some cases are hard from the moment you read the file.
A “sudden stop” case is one of them.
When a defendant invokes the emergency doctrine, you know exactly what’s coming. New York law is clear: when an actor is faced with a sudden and unexpected circumstance that leaves little or no time for deliberation, and the actor responds reasonably in that emergency context, there may be no negligence. As the courts routinely remind us, both the existence of the emergency and the reasonableness of the response are typically questions of fact.
Layer onto that the reality that a common carrier, like a bus company, is held to the highest standard of care for the safety of its passengers. On paper, it can look like an uphill battle.
But difficult does not mean unwinnable.
At the end of the day, cases are not won with labels. They are won with evidence.
In Callands v. County of Westchester, the plaintiff was a passenger on a bus operated by County of Westchester. As the bus approached an intersection, a motorized scooter illegally entered the roadway. The driver applied the brakes to avoid a collision. The plaintiff fell and claimed injury.
The County moved for summary judgment, arguing that the emergency doctrine precluded liability. But this was not an abstract argument. It was grounded in proof: bus surveillance video footage capturing the incident in real time.
The trial court granted the motion. The plaintiff appealed.
On appeal, the position of Gerber Ciano Kelly Brady partner Brendan Fitzpatrick was straightforward: the video established that the driver was confronted with a sudden emergency not of his own making and reacted reasonably by applying the brakes to avoid a collision. There was no speculation. No reconstruction theory. The record spoke for itself.
The Appellate Division, Second Department agreed. It held that the driver acted reasonably in response to an emergency and affirmed the dismissal.
The takeaway is simple.
In tough cases, resist the temptation to argue harder. Instead, prove more.
If you represent a common carrier, secure and preserve the video immediately. If you’re moving for summary judgment under the emergency doctrine, anchor your motion in objective, contemporaneous evidence. Courts are understandably cautious about taking negligence cases away from juries. Clear, unambiguous proof changes that calculus.
Show the court what happened.
Because when the evidence is strong enough, even a difficult case becomes winnable.
Let our experienced team at Gerber Ciano Kelly Brady help you win your tough cases. Contact Thomas Bona, Partner at tbona@gerberciano.com or Brendan T. Fitzpatrick Partner at bfitzpatrick@gerberciano.com.
