You are here: / / THE ALLEGED INTENTIONAL ACT OF THROWING A HAND TRUCK AT A BUS INJURING...
, ,

THE ALLEGED INTENTIONAL ACT OF THROWING A HAND TRUCK AT A BUS INJURING PLAINTIFF-PASSENGER DID NOT SUPPORT NEGLIGENCE OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CAUSES OF ACTION, BUT DID SUPPORT AN INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSE OF ACTION (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the allegation plaintiff was injured when defendant (McGregor) threw a hand truck at the bus in which plaintiff was a passenger did not support causes of action for negligence or negligent infliction of emotional distress, but did support a cause of action for intentional infliction of emotional distress:

… [T]he only inference that may be drawn from the plaintiff’s allegations is that the plaintiff’s alleged injuries resulted solely from McGregor’s intentional acts. Contrary to the plaintiff’s contention, even if McGregor “lacked any intent to make physical contact with, or otherwise injure, the plaintiff, the conduct attributed to [McGregor] in the amended complaint . . . constituted intentional, rather than negligent, conduct” … . …

“A negligent infliction of emotional distress cause of action must fail where, as here, no allegations of negligence appear in the pleadings” … . …

[Re; intentional infliction of emotional distress:] … [T]he complaint sufficiently alleged that McGregor engaged in conduct “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” … . Besides the alleged throwing of the hand truck that is the basis of the plaintiff’s assault and battery causes of action, the plaintiff also alleges that McGregor threw other objects at the bus, attempted to board the bus, prevented the bus from moving, kicked the bus, and yelled threats and expletives. Chiesa v McGregor, 2022 NY Slip Op 05982, Second Dept 10-26-22

Practice Point: Here the alleged intentional act of throwing a hand truck at a bus injuring plaintiff-passenger did not support negligence and negligent infliction of emotional distress causes of action, even though the injuries to plaintiff may not have been intended. The allegation did support an intentional infliction of emotional distress cause of action.

 

You might also like
Exclusions from Uninsured Motorist Coverage in Pennsylvania Policy Unenforceable in New York
THE COMPLAINT ADEQUATELY ALLEGED THE COUNTY’S NEGLIGENT SUPERVISION OF PLAINTIFF WHILE SHE WAS IN FOSTER CARE; THE QUALIFIED IMMUNITY PURSUANT TO SOCIAL SERVICES LAW 419 IS NOT APPLICABLE (SECOND DEPT).
QUESTION OF FACT WHETHER PLAINTIFF BANK HAD POSSESSION OF THE NOTE AT THE TIME THE FORECLOSURE ACTION WAS COMMENCED, THE DOCUMENTARY EVIDENCE SUBMITTED BY PLAINTIFF CONTRADICTED THE DATE OF POSSESSION DESCRIBED IN PLAINTIFF’S AFFIDAVIT (SECOND DEPT).
Courts’ Review Powers Re: Zoning Board’s Grant of Area Variances Explained
Late Submission of QDRO (Re: Spouse’s Pension) Did Not Affect Submitting Spouse’s Right to Arrears to the Date of Retirement—One Spouse’s Taking Out a Loan Against His/Her Pension Will Not Reduce the Other Spouse’s Share of the Pension
A Phone Call, Even When Reduced to Writing, Does Not Satisfy the City’s “Written Notice of a Defect” Requirement
ZONING BOARD’S DENIAL OF APPLICATION TO RENEW A VARIANCE PREVIOUSLY ALLOWED WAS NOT ARBITRARY AND CAPRICIOUS.
DEFENDANTS, OPERATORS OF A VIRGINIA HOTEL WHERE PLAINTIFF WAS INJURED IN A SHOWER, DEMONSTRATED THE ABSENCE OF BUSINESS TIES TO NEW YORK, THE FACT THAT NEW YORKERS CAN MAKE RESERVATIONS THROUGH A WEBSITE IS NOT ENOUGH.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE INTERSATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLIES ONLY TO PLACEMENT... THE CITY’S COMPLAINT ALLEGED A CAUSE OF ACTION FOR PUBLIC NUISANCE BASED...