Lockhart v. Adirondack Transit Lines, Inc.

289 A.D.2d 686, 733 N.Y.S.2d 533, 2001 N.Y. App. Div. LEXIS 11674
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 6, 2001
StatusPublished
Cited by7 cases

This text of 289 A.D.2d 686 (Lockhart v. Adirondack Transit Lines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lockhart v. Adirondack Transit Lines, Inc., 289 A.D.2d 686, 733 N.Y.S.2d 533, 2001 N.Y. App. Div. LEXIS 11674 (N.Y. Ct. App. 2001).

Opinion

Carpinello, J.

Appeals (1) from an order of the Supreme Court (Demarest, J.), entered February 15, 2001 in St. Lawrence County, which denied certain defendants’ motions for summary judgment dismissing the complaint against them, (2) from an order of said court, entered March 19, 2001 in St. Lawrence County, which denied certain defendants’ motion for bifurcation, and (3) from an order of said court, entered March 19, 2001 in St. Lawrence County, which denied certain defendants’ motion for a joint trial.

The instant action stems from a December 28, 1998 fatal pedestrian-vehicle accident on East Orvis Street in the Village [687]*687of Massena, St. Lawrence County. On that evening, plaintiffs 76-year-old mother (hereinafter decedent) departed a westbound bus owned by defendant Adirondack Transit Lines, Inc. and driven by defendant Charles S. Pona, walked behind the bus to cross the street and was struck by defendant Marc A. Walpole in the center of the eastbound lane. The record specifically reveals that Pona pulled completely off East Orvis Street onto the north shoulder of the road, assisted decedent in getting off the bus and procured her luggage. According to Pona, after decedent denied his request for additional assistance, he got back on the bus, had a brief conversation with another passenger and then pulled back onto East Orvis Street and proceeded with his route. He did not see or hear the accident. According to Walpole, as he was proceeding eastbound on East Orvis Street at the designated 30 mile-per-hour speed limit, he did not see decedent until the moment of impact. She died less than two hours later at a local hospital.

The accident occurred in front of Triple A Taxi and Service Center, a business owned by defendant Timothy Alguire, doing business as Triple A Taxi. The Triple A premises had been a designated agent and bus stop for Adirondack since May 1997; however, a dispute had arisen between Alguire and Adirondack concerning the condition of the driveway which the buses were to utilize resulting in a decision by Adirondack to discharge and pick up passengers on East Orvis Street itself.

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Cite This Page — Counsel Stack

Bluebook (online)
289 A.D.2d 686, 733 N.Y.S.2d 533, 2001 N.Y. App. Div. LEXIS 11674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockhart-v-adirondack-transit-lines-inc-nyappdiv-2001.