Nunez v. Prof’l Transit Mgmt. of Tuscon, Inc.

Linda Brown sued a common carrier and its driver (SunTran) after sustaining serious injuries from being thrown from her wheelchair when the bus she was riding braked sharply. SunTran requested the judge to instruct the jury that common carriers have a duty to passengers to exercise reasonable care under the circumstances. The judge rejected that instruction and instead instructed that a failure to exercise the highest degree of care under the circumstances was negligence. The jury awarded compensatory damages. The court of appeals affirmed. At issue on appeal was whether a common carrier has a duty to exercise the highest degree of care practicable under the circumstances or only the duty to exercise reasonable care. The Supreme Court vacated the court of appeals, holding that the general negligence standard, reasonable care under all the circumstances, applies. Remanded for a new trial. View "Nunez v. Prof'l Transit Mgmt. of Tuscon, Inc." on Justia Law