Minnefor v. Town Taxi, Inc.
Minnefor v. Town Taxi, Inc.
Opinion of the Court
The plaintiff brought this action of tort against Town Taxi, Inc. (Town) and one Qualls, a fellow
We summarize the evidence in the light most favorable to the plaintiff. The plaintiff came to Boston on September 22, 1968, to seek medical treatment. He and his wife met Qualls at their motel and agreed to share a cab to take them to a restaurant. The cab was parked approximately twenty feet from the motel doorway. The cabdriver, who had an opportunity to observe the plaintiff as he and his wife walked from the motel door to the right rear door of the cab, noticed that the plaintiff walked “slowly and carefully.”
The plaintiff suffered from severe arthritis of the right hip. His right leg was shortened and had “very little strength.” Because of those conditions the plaintiff, as he demonstrated to the jury, usually entered an automobile by first seating himself and then, while holding onto something, such as the center post, with his left hand, drawing his right leg into the automobile with his right hand.
The plaintiff’s wife entered the cab first through the left rear door. While the cabdriver turned around and asked her for their destination, the plaintiff began to enter the cab through the right rear door, employing his usual method. Qualls entered through the right front door of the cab and sat down next to the driver. Qualls, a large man, blocked the driver’s view of the plaintiff. Neither Qualls nor the plaintiff said anything to alert the driver that the plaintiff was holding the center post. Qualls closed the front door of the cab, catching the fingers of the plaintiff’s left hand between the door and the post, injuring them.
The trial judge’s refusal to allow the motion for judgment notwithstanding the verdict was error. Fournier v. Central Taxi Cab, Inc. 331 Mass. 248 (1954), closely re
The facts in the present case are like those in Fournier in all material respects. Even if the jury could have found that the cabdriver was aware of the plaintiff’s walking disability, the plaintiff made no request for the driver’s aid. The highly improbable sequence of events that led to his injury was not foreseeable and did not give rise to a duty on the part of the driver to give warning to the other passenger or to otherwise restrain him from closing the door. Intriligator v. Goldberg, 299 Mass. 333, 335-336 (1938). See anno. 42 A.L.R. 2d 1190, 1195-1197 (1955). The cases cited by the plaintiff, Holton v. Boston Elev. Ry. 303 Mass. 242 (1939) (bus operator held liable for injuries caused by intoxicated passenger where there was sufficient opportunity to observe the behavior of the passenger), and Brown v. Metropolitan Transit Authy. 341 Mass. 690 (1961) (injuries due to dangerous condition at bus stop), are distinguishable. The judgment against Town Taxi, Inc. is re
So ordered.
Reference
- Full Case Name
- Charles A. Minnefor v. Town Taxi, Inc.
- Cited By
- 1 case
- Status
- Published