John Komar Wins Summary Judgment Dismissing Plaintiff’s Complaint In Bronx County
On March 20, 2017, John Komar won summary judgment dismissing the plaintiff’s complaint in Cooper v The Institute of Applied Human Dynamics, Index No. 350415/10 (Supreme Court, Bronx County). The three-year old plaintiff and his family members alleged that the defendant bus company was negligent because it caused the plaintiff to be improperly placed on the wrong bus and go missing for approximately three and a half hours. The plaintiff and his family members claimed to have sustained severe emotional injuries as a result of the occurrence. Mr. Komar argued that the defendants were not negligent because the school had the plaintiff with a different group of students waiting for a different bus, and after the mix up was discovered, a substitute bus was sent to retrieve the plaintiff and bring him home. The Court dismissed the case against the defendant bus company finding that the delay and acts undertaken to place the plaintiff on a bus to get him home after discovering the school had him in the wrong group did not rise to the level of a negligence claim.