Russell v. St. Louis County Cab Co.

WEIER, Judge.

The principal issue in this case is: can a taxicab driver be guilty of humanitarian negligence in closing a taxicab door upon the hand of his passenger? Under the facts of this case, the answer must be “no”. We therefore reverse and remand for new trial.

The incident took place at the upper level ramp of Lambert St. Louis International Airport in St. Louis County, Missouri. Plaintiff John E. Russell was a passenger sitting in the left rear seat of the taxicab when he arrived at the airport. He had experienced some pain in his back which made it difficult for him to arise from the…