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Saltis v. Daimler Benz North El America N.O. Inc. d/b/a AD Tranz Atlanta Inc.

As a common carrier of airport passengers, the defendant had a duty to give more than a general warning that the doors of its airport shuttle train would not open automatically after they had started to close.

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Dr. Lawrence Saltis, M.D., received injuries when the shuttle train doors at Atlanta Hartsfield International Airport closed on him in the doorway as he attempted to exit the train and to stop the doors from closing on a child. As the train doors closed, they caught his carrying bag strap, while the bag remained inside the train. The strap of the bag was over his shoulder, and his arm was wrenched as the train pulled away. A.B.B. Daimler Benz North America N.O., Inc. d/b/a Ad Tranz Atlanta, Inc., defendant-appellee, operated and maintained the shuttle trains as gratuitous public conveyance for passengers within the terminals and concourses. Defendant moved for summary judgment on contributory negligence, assumption of risk, and lack of negligence. The trial court granted defendant’s motion. This Court finds, however, that the duty of care owed to such passenger was extraordinary care. Defendant’s evidence failed to pierce the complaint, and plaintiff’s evidence raised material issues of fact for jury determination. Therefore, we reverse.

A00A0482

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