Summary
stating that "[i]t is well settled under New Jersey law that a duty of ordinary care is imposed on a common carrier with regard to sidewalks, streets, loading platforms, or other places of ingress and egress to and from the carrier"
Summary of this case from Mandal v. Port Auth. of N.Y. & N.J.Opinion
October 16, 1995
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs, Patricia and Edward Monaco, sued, among others, the defendant Harran's Transportation Co. and its bus driver, John Cantidate (hereinafter collectively Harran's) to recover damages for personal injuries to Patricia Monaco resulting from her slip and fall on a bus platform outside a casino in New Jersey. The Supreme Court, applying New Jersey law, dismissed the complaint against Harran's on the ground that Harran's, as a common carrier, had not breached its duty of ordinary care to Mrs. Monaco, as she was not yet engaged in boarding the bus. We now affirm.
The appellants do not challenge the court's finding that New Jersey law applied. It is well settled under New Jersey law that a duty of ordinary care is imposed on a common carrier with regard to sidewalks, streets, loading platforms, or other places of ingress and egress to and from the carrier ( see, Kantonides v KLM Royal Dutch Airlines, 802 F. Supp. 1203; Buchner v. Erie R.R. Co., 17 N.J. 283, 111 A.2d 257; Horelick v. Pennsylvania R.R. Co., 13 N.J. 349, 99 A.2d 652; Sullivan v. La Frade, 14 NJ Misc 482, 185 A 665, affd 117 N.J.L. 442, 189 A 365; Seckler v. Pennsylvania R.R. Co., 113 N.J.L. 299, 174 A 501; Sandler v. Hudson M.R. Co., 8 NJ Misc 537, 151 A 99, affd 108 N.J.L. 203, 156 A 459). We are unpersuaded by the plaintiffs' arguments that Harran's owed Mrs. Monaco a duty of extraordinary care, as she was not, at the time of her injury, a passenger aboard or in the act of boarding a bus operated by Harran's ( cf., D'Amico v. Great Am. Recreation, 265 N.J. Super. 496, 627 A.2d 1164; Ricci v. American Airlines, 226 N.J. Super. 377, 544 A.2d 428; Kovacs v. Pennsylvania R.R. Co., 76 N.J. Super. 451, 184 A.2d 873; Carter v. Public Serv. Coord. Trans., 47 N.J. Super. 379, 136 A.2d 15; Harpell v. Public Serv. Coord. Transp., 20 N.J. 309, 120 A.2d 43). Moreover, the bus driver acted with the requisite standard of ordinary care in providing a safe means of ingress to the bus ( see, Seckler v. Pennsylvania R.R. Co., supra). Finally, even if a breach of a duty on the part of the bus driver was proved, there is no showing that such a breach was the proximate cause of the accident as, by her own testimony, Mrs. Monaco was not certain of the cause of her fall from the loading berth ( see, Draney v. Bachman, 138 N.J. Super. 503, 351 A.2d 409).
Accordingly, as no issue of fact remains regarding the liability of Harran's for Mrs. Monaco's injuries, the complaint was properly dismissed insofar as asserted against Harran's and John Cantidate ( see, Sejut v. Town of Islip, 215 A.D.2d 548; Chang-Lei Cheng v. Metropolitan Transp. Auth., 213 A.D.2d 581). Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.