The case that bears some similarities to the circumstances in the case at bar is Lalani v. Wilson, [1988] B.C.J. No. 2408 (S.C.). In that case the incident occurred in heavy rush-hour traffic. She recalled that the driver shouted a warning to hang on, or words to that effect, following which the brakes of the bus were applied suddenly. When the bus braked, the plaintiff was thrown first to her left and then to her right. She testified that she felt the pinch in the middle of the right side of her neck. She did not at the time consider it serious enough to speak to the driver. Nor did she ask the driver or anyone else what had happened. She spoke with her family doctor that evening and reported the incident to the transit authority about a week later. The defendant driver had no recollection of the incident. Specifically, she could not recall an incident around that time in which she found it necessary to call passengers or of the sudden application of brakes in the circumstances. She described the practice to be followed in circumstances in which a passenger may have been injured and her personal practice in circumstances in which there was any reason to believe someone might have been injured. She stated that if she had to stop so suddenly the passenger may have fallen; that would be a circumstance she would have remembered.
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