Cuthbert v. Metropolitan Atlanta Rapid Transit Authority

The majority states the correct rule for determining whether appellant-plaintiff’s deceased was, at the time of her death, a passenger to whom appellee-defendant owed a duty of extraordinary care. It is my opinion, however, that the application of that correct rule to the facts of this case mandates the contrary result from that reached by the majority. Under the undisputed evidence of record, appellant’s deceased was not a passenger of appellee at the time of the incident resulting in her death. She was a pedestrian to whom appellee owed a duty of ordinary rather than extraordinary care and,…