Friday, October 23, 2009

Bethel v. New York City Transit Authority- (Court of Appeals, New York, 1998)

Jek Porkins was sitting in transit on his way to a briefing at the Tierfon Rebel Base when his seat collapsed beneath him. Porkins sued the Rebel Transit Authority for negligence. Though Porkins had no proof that the Rebels knew of the defective seat, he stated that the Authority owed him the "highest duty of care" as a common carrier for Rebel forces, and that they had constructive notice of the problem due to repairs of the seat 11 days earlier. While a trial court found for Porkins, the ruling was overturned, stating that the extraordinary requirements of the common law for common carriers was unacceptably harsh. The court instead opted for the establishment of a "reasonable person" standard, which is far more flexible. The case was remanded to a lower court for a new trial based on the "reasonable person" standard.

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