From Casetext: Smarter Legal Research

Kelly v. Otis

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1056 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Supreme Court, Onondaga County, Stone, J.

Present — Denman, P.J., Boomer, Green, Balio and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff, an Eastern Airlines flight attendant, was injured as she was boarding a van provided by defendant First Republic Corp. of America, doing business as Sheraton Inn-Liverpool, for transporting Eastern flight crews to the Sheraton Inn. The injury occurred when plaintiff, in attempting to enter the rear area of the van, grabbed a metal post separating the front and rear sections of the van. A passenger shut the passenger door on plaintiff's right hand and wrist.

A private carrier owes a duty to exercise reasonable care for the safety of its passengers (see generally, 5 Blashfield, Automobile Law and Practice § 202.2). That duty does not extend, however, to circumstances that could not be reasonably foreseen by the carrier, such as the act of a fellow passenger in closing a door on plaintiff's hand (see, Vogel v Laiso, 252 App. Div. 894; Zayer v Splendido, 42 N.Y.S.2d 85). Thus, Supreme Court properly determined that, as a matter of law, defendants owed no duty to plaintiff.


Summaries of

Kelly v. Otis

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1056 (N.Y. App. Div. 1993)
Case details for

Kelly v. Otis

Case Details

Full title:JACQUELINE KELLY, Appellant, v. WALTER E. OTIS et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 5, 1993

Citations

190 A.D.2d 1056 (N.Y. App. Div. 1993)

Citing Cases

Farley v. Greyhound Canada Transportation Corp.

" Dkt. #29, p. 6. There is no dispute, "[a] private carrier owes a duty to exercise reasonable care for the…