Bus Backing up to Avoid Truck in Front That Was Backing up, Is Not an Emergency; Bus Liable to Car It Backed Into! Rodriguez V Consolidated Bus Transit, Inc. (Courtside‪)‬

Was the defendant bus driver faced with an emergency situation when the garbage truck that he had been following began to suddenly back up after being stopped? This court holds that the defendant was not faced with an emergency situation and the action of backing up into the plaintiff's stopped vehicle was negligent as a matter of law. Plaintiff moved for summary judgment on the issue of liability. This action arises out of a motor vehicle accident. It is undisputed that both plaintiff and defendant were fully stopped prior to the defendant backing up and hitting plaintiff's car. Defendant alleges that he had been following a garbage truck when the garbage truck stopped to load garbage. Allegedly, the garbage truck suddenly began to reverse which forced the defendant to back up. Defendant did not see the plaintiff's vehicle prior to the collision. Defendant's vehicle was not hit by the garbage truck. Plaintiff testified that she was not aware of the alleged garbage truck in front of defendant's vehicle as her visibility was blocked due to the size of defendant's bus.