In Rothfeld v Capital Area Transportation Authority (No. 288938), the Court of Appeals held that plaintiff created a question of fact concerning the bus driver's alleged negligence and affirmed the trial court's denial of defendant's motion for summary disposition. 

Plaintiff brought a person injury action based on the driver's negligent operation of the bus.  She stated the bus driver, who appeared impatient, "floored it" causing the bus to accelerate quickly. As the driver accelerated, plaintiff, who was walking toward her seat, slid forward on the wet aisle (due to rainy conditions), fell backwards, and hit her head on the bus floor.  Plaintiff's factual scenario was supported by another passenger's testimony. 

Defendant moved for summary disposition arguing the sudden movement of the bus was a "usual incident of travel" and was insufficient to establish negligence.  Under the "usual incident of travel" doctrine, a carrier owes its passengers the common-law duty of due care; however, the sudden stopping or starting of a bus is not by itself adequate evidence of negligence in the operation of the bus.  The carrier may, however, be liable if the jerk or jolt was "unnecessarily sudden or violent."

The court affirmed the trial court's summary disposition holding that plaintiff presented a question of fact that the driver acted negligently, despite the "usual incidents of travel" doctrine.