Monaco v. Harran's Transportation Co.
Cases that cite this one
2 later published cases cite this decision.
- Mandal v. Port Authority of New York & New Jersey (N.J. Super. Ct. App. Div. 2013)
- DiMauro v. Trump's Castle Associates Ltd. Partnership (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Roberto, J.), entered May 20, 1994, as granted the branch of the motion of the defendant Harran’s Transportation Co., Inc., and John Cantidate, sued herein as John Smith, which was for summary judgment dismissing the complaint as against them.
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 NJ 283, 111 A2d 257; Horelick v Pennsylvania R. R. Co., 13 NJ 349, 99 A2d 652; Sullivan v La Frade, 14 NJ Mise 482, 185 A 665, affd 117 NJL 442, 189 A 365; Seckler v Pennsylvania R. R. Co., 113 NJL 299, 174 A 501; Sandler v Hudson & M.R. Co., 8 NJ Mise 537, 151 A 99, affd 108 NJL 203, 156 A 459). We are unpersuaded by the plaintiffs’
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 AD2d 548; Chang-Lei Cheng v Metropolitan Transp. Auth., 213 AD2d 581). Mangano, P. J., Balletta, Pizzuto and Santucci, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.