CHARLESTON — The West Virginia Supreme Court of Appeals clarified the extent of a common carrier's duty of care, emphasizing that the highest degree of care applies only while passengers are boarding, riding or disembarking from the vehicle.
Justice John Hutchison wrote in the June 6 majority opinion that once a passenger has safely exited and becomes a pedestrian, the carrier owes only an ordinary duty of care. The court found no breach of this duty by Kanawha Valley Regional Transportation Authority in Sandy K. Hayes' case, affirming the summary judgment in KRT's favor.
"We are pleased with the outcome," Evan Olds, an attorney with Pullin, Fowler, Flanigan, Brown & Poe, said in an interview with The West Virginia Record. "The decision stands to benefit and instruct common carriers statewide."
Olds and Duane J. Ruggier II represented KRT.
Andrew D. Byrd with Warner Law Offices; and Woody Hill of Woody Hill Attorneys at Law represented Hayes.
In the case, the court examined the duty of care a common carrier, such as a bus operator, owes to a passenger who has safely exited its vehicle.
Hayes, a passenger on a KRT bus, was struck by a car after she had disembarked and attempted to cross the road.
Hayes argued that KRT had breached its duty to use the "highest degree of care" towards her.
However, the circuit court granted summary judgment to KRT, finding no evidence of a breached duty, and the higher court affirmed this decision.
On Oct. 14, 2019, Hayes boarded a KRT bus in Charleston, heading to her home in Elkview and the bus stopped on the northbound lane of Frame Road, a two-lane highway with a 50-mph speed limit, opposite Hayes's apartment complex. Hayes exited the bus and crossed the road, where she was struck by a car driven by Taylor Jenkins.
Hayes sustained significant injuries and later sued KRT, claiming the bus operator was negligent and had violated its duty of care.
Hayes contended that KRT was required to ensure her safety not only while she was on the bus but also after she disembarked. Her claim was based on the testimony of KRT employees, who indicated that bus drivers should ensure passengers exit into a safe environment and avoid unsafe stops.
However, KRT argued that its duty ended once Hayes safely exited the bus and that it had no control over her actions afterward.
The circuit court found that Hayes had safely exited the bus and became a pedestrian once she did so. The court ruled that KRT owed her only the ordinary duty of care owed to any pedestrian and that there was no evidence KRT had breached this duty. Consequently, the court granted summary judgment to KRT, dismissing Hayes's claims.
The Supreme Court reviewed the case de novo, examining whether KRT owed Hayes a high duty of care at the time of her injury.
The court reaffirmed the principle that a common carrier owes the highest degree of care to passengers entering, riding or disembarking from its vehicle. However, once a passenger has safely disembarked, the carrier's duty shifts to the ordinary care owed to a pedestrian.
The court concluded that Hayes was not injured while exiting the bus but after she had safely done so and decided to cross the road. Therefore, KRT's duty to her was that of ordinary care, not the highest degree of care.
The court found no evidence that KRT breached its ordinary duty of care to Hayes after she became a pedestrian.
The circuit court's decision to grant summary judgment in favor of KRT was affirmed, as Hayes failed to establish a breach of duty by KRT.
West Virginia Supreme Court of Appeals case number: 22-0207
