Justice David Schmidt
Defendants moved for summary judgment dismissal. Ed Wynn Rivera’s parents sued to recover damages for personal injuries Ed sustained after being left alone and unsupervised in a bus overnight. Owner Outstanding Transport provided transportation for handicapped adults attending F.E.G.S. Manhattan Day Habilitation Program. It picked Ed up from F.E.G.S. to be taken home. Ed was not returned home, but was discovered still belted in his seat, where he remained overnight in frigid temperatures. Ed suffered from hypothermia, and dehydration, and sustained psychological trauma. Defendants moved for dismissal arguing Ed did not sustain a "serious injury" under the Insurance Law. The court noted the proximate cause requirement of the no-fault law was not established merely because injuries occurred during the occupancy of, or while entering or exiting a vehicle. It stated Ed’s injuries did not fall within the ambits of the no-fault law, noting the vehicle was merely a contributing factor to his injuries, not the cause of them. The court found Ed’s injuries occurred as a result of his abandonment by defendants and his exposure to cold temperatures. As the no-fault law was inapplicable, defendants were not entitled to dismissal on the ground that Ed suffered no serious injury.
