Plaintiff was allegedly injured on the Defendant’s bus.
A common carrier must exercise the highest level of care to avoid being found negligent.
Plaintiff was boarding the bus of the defendant when it abruptly pulled away and stopped, causing him injury to his arm.
The substantive issue is whether a common carrier is required to exercise an elevated level of care?
Yes, while an ordinary person must only exercise reasonable care, a common carrier must exercise the highest duty of care.
The court reasoned that precedent clearly establishes that a common carrier is obligated to exercise more care than an ordinary person because of their unique position as professional, public-facing entities.