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Devlin v. SEPTA

Devlin v. SEPTA

Commonwealth Court of Pennsylvania

February 8, 2016, Argued; February 24, 2016, Decided; February 24, 2016, Filed

No. 1076 C.D. 2015

Opinion

MEMORANDUM OPINION BY SENIOR JUDGE PELLEGRINI

Louise Devlin (Devlin) appeals from an order of the Philadelphia County Court of Common Pleas (trial court) granting Southeastern Pennsylvania Transportation Authority's (SEPTA) motion for summary judgment based on Devlin's failure to satisfy Pennsylvania's "jerk and jolt" doctrine. We affirm.

In September 2013, Devlin was a passenger on SEPTA's Route 14 bus which was being operated by Rudolph Spencer. At around 800 Rockhill Drive, in Bensalem, Pennsylvania, Devlin was in the process of paying her bus fare when the bus allegedly came to an abrupt stop, causing Devlin to fall and sustain injuries. As a result, in July 2014, Devlin filed a complaint against SEPTA, asserting claims of negligent entrustment and respondeat superior and seeking damages for her injuries.1

At her deposition, Devlin testified that after she boarded the bus, she realized she did not have enough money for bus fare in her hands, so she told the bus driver that she needed a moment to get the money. She stated that she then took a few steps toward the back of the bus and stopped at a rack on which she placed her purse to retrieve the bus fare. Devlin explained that she was eager to give the bus driver the bus fare as quickly as possible, so she did not sit down while looking for bus fare. She further stated that although there were railings for her to hold on to, she could not get to them.

She testified that as she opened her purse, her "back [*3]  was turned towards the window and then all of a sudden [she's] flying back." (R.R. at 189a.) She elaborated that, "[The bus] was at a standstill and then it happened so fast that when I turned to get money, boom, I just went flying back...." (Id. at 190a.) Devlin explained:

Q: All right. Can you tell me anything about the acceleration that the bus did?

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2016 Pa. Commw. Unpub. LEXIS 161 *; 133 A.3d 127; 2016 WL 756939

Louise Devlin, Appellant v. Southeastern Pennsylvania Transportation Authority

Notice: An unreported opinion of the Commonwealth Court may be cited and relied upon when it is relevant under the doctrine of law of the case, res judicata or collateral estoppel. Parties may also cite an unreported panel decision of the Commonwealth Court issued after January 15, 2008 for its persuasive value, but not as binding precedent. A single-judge opinion of the Commonwealth Court, even if reported, shall be cited only for its persuasive value, not as a binding precedent.

PUBLISHED IN TABLE FORMAT IN THE ATLANTIC REPORTER.

CORE TERMS

jerk, jolt, passengers, video, injuries, braking, bus fare, bus driver, acceleration, boarded