All of us have experienced disruption in our lives but we call it by another name. Let’s meet Sally, who walks from her office to the Port Authority every day in 20 minutes. Any longer and she misses her bus. On the Monday and Tuesday of Thanksgiving week, Sally cannot walk at her usual brisk pace because the streets are packed with pedestrians who are meandering down 42nd Street at a snail’s pace (slow work or starting/stopping and waiting) or stopping to talk to everyone they know (poor coordination and overcrowding). Sally misses her bus on both Monday and Tuesday. She has experienced disruption. On Wednesday, she leaves work agitated because she does not want to miss the bus for a third day in a row. Sally jumps in a cab at her building and 15 minutes and $20 later she arrives at the terminal. She has not missed the bus, she is not delayed—but it cost her an extra $20 to get there on time. Sally experienced disruption on Wednesday as well.
Sally is a feisty person, and fed up with the holiday season. Of course, she cannot sue New York City for her disruption, but what if she could? How would she go about framing a claim, and what methodologies would courts in New Jersey and the United States view most favorably in assessing such claims? Let’s find out.
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