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Woman's injury claim against Transportation Commission is dismissed because of immunity

Dorothy Palmer was picked up by Blue Water Area Transportation Commission's dial-a-ride service.  She fell while entering the bus.  She claimed her fall was caused by the driver starting the bus moving prematurely.  After a bench trial, the judge ruled that Palmer had not proven gross negligence by the operator, and therfore, neither the driver nor the Commission was liable for her injuries. 

On appeal, the Court noted that to prevail, Palmer was obligated to prove that the driver, through gross negligence, was the sole cause of Palmer's injuries.  It refused to second guess the trial judge's assessment of creidibilty and upheld the lower court's judgment.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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