Court Confirms Bus Operator Has No Obligation To Wait Until Passenger Sits Before Proceeding

In the case of Musser v. Southeastern Pennsylvania Transp. Auth., May Term, 2023, No. 230502736 (C.P. Phila. Co. Jan. 22, 2025 Jacquinto, J.), the trial court issued a Rule 1925 Opinion detailing the reasons for its denial of the Plaintiff’s post-trial motions in a matter involving a Plaintiff who was injured when a SEPTA bus began to move before the Plaintiff had sat down as a result of which the Plaintiff allegedly fell.

The trial court concluded that its judgment should be affirmed where the trial court felt that it did not err in instructing the jury that, under Pennsylvania law, a bus operator has no obligation to wait until boarding passengers are seated before proceeding from a stop.

The jury in this matter concluded that the Plaintiff was 74% negligent, which resulted in a defense verdict.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (June 11, 2025).

Source of image:  Photo by Cottonbro Studio on www.pexels.com.

Punitive Damages Claim Allowed to Be Added at Time of Trial

The case of Samuda v. Moreland, No. 8058 - CV - 2016  (C.P. Monroe Co. May 7, 2019 Zulick, J.) is an example of a case in which a trial court allowed a Plaintiff to amend a Complaint at the of trial to add a claim for punitive damages.

According to the Briefs filed in the matter, the case arose out of motor vehicle accident between a Martz Bus and the Plaintiff's vehicle.  Part of the claims pursued by the Plaintiff included claims of recklessness on the part of the Martz Bus Company for allowing its driver to continue to drive its buses despite prior issues with his driving.

In support of her position, the Plaintiff asserted that the addition of punitive damages to the ad damnum clause did not amount to an effort to state a new cause of action beyond the statute of limitations, but rather another element of damages to a timely asserted claim against the Defendants.

Anyone wishing to review the Court's Order (no Opinion) may click this LINK.

I send thanks to Attorney Michael J. Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.