According to the Opinion, the Plaintiff alleged that the Defendant, Monroe County Transit Authority, was negligent relative to the selection of the location of the bus stop which was allegedly inherently dangerous.
The court applied the Sovereign Immunity Act, 42 Pa. C.S.A. §8542.
Under the Sovereign Immunity Act, local governmental agencies are not liable for damages unless (1) the damages would be recoverable under common law, and (2) the injury was caused by a negligent act of the local government of its agent that fell within one of the enumerated exceptions to tort immunity.
One of the exceptions under 42 Pa. C.S.A. §8542(b)(1) includes accidents caused by the operation of any motor vehicle.
The Plaintiff based their claims for a recovery based upon an allegation that the location of the bus stop was dangerous and that the harm to the Plaintiff was a foreseeable risk.
The court agreed that the stopping of the bus at the bus stop for passengers to disembark was part of the operation of the bus that was owned by the governmental agency.
However, the court found that, based upon the evidence presented, the acts or omissions by the Monroe County Transit Authority were not the proximate cause of the decedent’s harm. While the Defendant chose the location of the bus stop, that Defendant was not responsible for the narrow shoulder, the lack of guardrails, sidewalks, lights, bus shelters, or cut-a-ways in the roadway for passengers to the cross the street.
Rather, the road was owned by PennDOT and the Monroe County Transit Authority had no control over the conditions of the roadway.
The court also noted that the record before the court also showed the decedent was wearing dark clothing during this nighttime accident and was also wearing headphones plugged into his phone when he was crossing street.
The Plaintiff based their claims for a recovery based upon an allegation that the location of the bus stop was dangerous and that the harm to the Plaintiff was a foreseeable risk.
The court agreed that the stopping of the bus at the bus stop for passengers to disembark was part of the operation of the bus that was owned by the governmental agency.
However, the court found that, based upon the evidence presented, the acts or omissions by the Monroe County Transit Authority were not the proximate cause of the decedent’s harm. While the Defendant chose the location of the bus stop, that Defendant was not responsible for the narrow shoulder, the lack of guardrails, sidewalks, lights, bus shelters, or cut-a-ways in the roadway for passengers to the cross the street.
Rather, the road was owned by PennDOT and the Monroe County Transit Authority had no control over the conditions of the roadway.
The court also noted that the record before the court also showed the decedent was wearing dark clothing during this nighttime accident and was also wearing headphones plugged into his phone when he was crossing street.
As such, the court found that the allegedly defective conditions at the site did not cause the Plaintiff’s death. The court noted that wider shoulders, guardrails, sidewalks, lighting, a bus shelter, or a road cut-a-way would not have protected the decedent from the accident.
Rather, the court stated, the accident occurred, according to the facts gathered during discovery, because the decedent was distracted and crossed the road in front of an oncoming vehicle under nighttime conditions. The court also noted that there was no evidence that better lighting in the area would have prevented the accident.
The court also agreed with the Defendant, Monroe County Transit Authority, that the bus stop was generally safe. There was no prior notice of any other accidents at the stop or that the bus stop was dangerous in any way.
The court additionally noted that the decedent did not have to get off at this stop. There were a total of five (5) stops in the area where the Plaintiff had disembarked. As such, the court found that the decedent assumed the risk of getting off at this particular stop, when he could have gotten off at other stops. As such, the court found that any duty that the Defendant, Monroe County Transit Authority may have had in this matter was extinguished by the actions of the decedent and his assumption of the risk of his injury.
As such, for these multiple reasons, Judge David J. Williamson of the Monroe County Court of Common Pleas granted the Motion for Summary Judgment filed by the Defendant, Monroe County Transit Authority.
The court also agreed with the Defendant, Monroe County Transit Authority, that the bus stop was generally safe. There was no prior notice of any other accidents at the stop or that the bus stop was dangerous in any way.
The court additionally noted that the decedent did not have to get off at this stop. There were a total of five (5) stops in the area where the Plaintiff had disembarked. As such, the court found that the decedent assumed the risk of getting off at this particular stop, when he could have gotten off at other stops. As such, the court found that any duty that the Defendant, Monroe County Transit Authority may have had in this matter was extinguished by the actions of the decedent and his assumption of the risk of his injury.
As such, for these multiple reasons, Judge David J. Williamson of the Monroe County Court of Common Pleas granted the Motion for Summary Judgment filed by the Defendant, Monroe County Transit Authority.
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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 3, 2022).
Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 3, 2022).
Source of image: Photo by Darren Viollet from www.pexels.com.
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