Mattox v. Metropolitan Atlanta Rapid Transit Authority

Birdsong, Presiding Judge.

Naomi Mattox appeals from the final judgment entered in favor of appellee and denying appellant’s motion for new trial.

Appellant was a regular rider of MARTA for two-and-one-half years prior to the incident. She was injured when, after she boarded the train, her foot became lodged in the approximate 3-3/4 inch “gap” between the side of the train and the platform. Held:

1. In this state, a common carrier of passengers is not an absolute and unqualified insurer of the safety of its passengers. Rather, “[a] carrier of passengers must exercise extraordinary diligence to…