OKC Motion to Dismiss
I have a client who fell on a COTPA bus. I sued COTPA and the City of Oklahoma City, but got a motion to dismiss the City of Oklahoma City from the suit, which I read to have the law correct that the City probably should be dismissed from the suit. Any thoughts?
Answer: Not without knowing the basis of the MTD. You may be interested, though, in what is sometimes called the “jerk or jolt” doctrine. See: Watson v. Pittsburgh Rys. Co., 132 A.2d 718 (Pa. Super. 1957): “We believe that the instant case falls within the exception to the general rule in that there is an extraordinary jerk, plus proof of the effect of the jerk on other passengers, plus evidence of speed, raising a question for the jury whether due care was used under the circumstances.”
Posted on Sun, June 20, 2010
by Sharon Coleman filed under