Tickner v. Rochester-Genesee Regional Transportation Authority

Plaintiffs seek to recover damages for personal injuries sustained by plaintiff, Mary Tickner, resulting from an assault by a fellow passenger while she was riding in a bus operated by defendants. It is claimed that the defendants were negligent in failing to anticipate the assaultive conduct and prevent the injuries, after the operator had reasonable notice that such an assault would occur. As an affirmative defense defendants allege that the cause of action does not come within the exceptions as defined in section 671 of the New York Comprehensive Automobile Insurance Reparations Act.…