SANTIAGO V. FIRST STUDENT, INC. 839 A.2d 550 (R.I. 2004) CASE BRIEF

SANTIAGO V. FIRST STUDENT, INC.

839 A.2d 550 (R.I. 2004)

NATURE OF THE CASE: Santiago (P), school bus passenger, appealed a decision which granted summary judgment to First Student (D), bus company. in P's action for negligence in which she claimed that she was injured in a phantom bus crash with an unidentified car on an unknown date at an unspecified location with no witnesses.

FACTS: P alleges that, between 3:30 p.m. and 4:30 p.m. on an unspecified day, she was injured when D's school bus, in which she was a passenger, collided with an unidentified vehicle. P was returning to her home from school, where she was in the eighth grade. The accident occurred 'at or about Charles Street and/or a street along her bus route in Providence between her school ' and her home. P testified that she could not remember the street or the neighborhood where the accident occurred. She also admitted that she 'could [not] find [the] street today if [she] wanted to.' As a result of the collision, P says, the right side of her face hit the seat in front of her. Police did not respond to the accident and, consequently, there is no police report describing the incident. P did not see the accident, was unable to offer details about it, nor did she know of any damage to the bus. P was unable to remember the names of other students who rode the bus with her, except one girl whom she knew only as Daiquiri. P has not spoken with Daiquiri in three years and Daiquiri has since moved away. D moved for summary judgment, arguing that there was no evidence to establish negligence on its part. It was granted and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner