Justice Darrell Gavrin
Falchetti sought to recover for personal injuries allegedly sustained when he fell while a passenger on a train owned and operated by defendants, including conductor Ross. The court noted the admissible evidence showed Falchetti boarded a train with his wife and started to move just as they boarded. He claimed the train suddenly stopped causing, Falchetti to fall backwards on the floor, striking his leg on a metal pole that caused a laceration requiring 30 stitches. Ross argued there was “nothing unusual” regarding the start of the train, contending he never stopped the train after it pulled out of the station. Defendants moved for summary judgment dismissal of the complaint, arguing there was no evidence of a “violent or unusual stop.” The court stated Falchetti’s testimony constituted objective evidence to create an inference the stop was more than the “usual jerks and jolts.” As such, it raised an issue of fact if the stop was “unusual and violent” and attributable to defendants’ negligence. The court ruled Falchetti’s testimony, along with the medical evidence of his injuries, was sufficient to raise a triable issue of fact precluding summary judgment. It also granted Falchetti’s motion for a unified trial on liability and damages.
