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Court stretches to dismiss claim by disabled rider against SMART and its driver

Ruby Seldon was thrown from her wheelchair and fractured both ankles when the SMART bus she was riding made a sudden stop.  She sued, arguing that she should have been informed of the avialability of seat belts for wheelchair passengers and that her driver was negligent in making a sudden stop at a traffic signal.

It took the majority of the Court of Appeals seven pages to justify its reversal of the trial judge and to rationalize holdilng that Ruby did not state a valid claim.  As the dissenting judge noted, simply stopping the bus so abruptly that Ruby was thrown from her chair with enough force to brake both ankles was evidence of negligent operation.  Nevertheless, the majority held that one cannot bring a claim against a municipal bus driver solely on the basis of a sudden stop....

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