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:
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