Cuthbert v. Metropolitan Atlanta Rapid Transit Authority

Deen, Presiding Judge.

Jerome Cuthbert, as executor of the estate of his grandmother, Christine Cuthbert, brought a wrongful death action against MARTA. The plaintiff’s deceased was a passenger who rang the bell in a MARTA bus to signal the driver that she wanted to exit the bus when the bus was at her stop. The driver stopped the bus approximately four feet from the curb and about twenty-five feet from the stop. Mrs. Cuthbert was walking along the side of the bus when she somehow fell under its rear wheel and was instantly killed.

1. Appellant first contends that under OCGA § 46-9-132, MARTA,…