Attorneys Kirk Sanders & Josh Dearman argued before the court of appeals panel regarding a summary judgment order. The trial court granted the school’s summary judgment motion on negligence and all other claims in sexual assault case by van driver. The disabled plaintiff-student appealed.
The main thrust of the appeal was that the school was negligent when it changed the disabled 20 year old student’s transportation from its custom of using an adult monitor on the bus to an unmonitored van.
Cost savings was one of the school’s reasons for changing her transportation. Plaintiff argued it was foreseeable that some injury similar to this could occur to her by making the change.
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