D.J. v. First Student, Inc.
707 S.W.3d 581 (2025)
Holding & Decision
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Nature Of The Case
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Facts
P attended KIPP Victory Academy. KIPP contracted with D to transport children to and from school during 2017. D planned all bus routes, stops, and schedules. D's contract also required it to provide each driver with an updated route sheet and student list before any run. D's route sheet directed its bus drivers to drop P off at the northwest corner of the intersection of Goodfellow and Lalite. A substitute bus driver, Tomika Richardson, dropped P off at the southeast corner of Goodfellow and Lalite. P safely reached home after crossing Goodfellow and Lalite. The next day, Richardson again dropped P off at the southeast corner of the intersection. She checked her mirrors for traffic, extended the stop arm, and activated the flashing lights. P exited the bus and began crossing Goodfellow in front of the bus. A vehicle stopped directly behind the bus maneuvered around the left side of the bus toward P. Richardson laid on her horn and yelled at the driver, but the driver accelerated toward P and struck P while he was crossing Goodfellow, before running through a stop sign and speeding away. P suffered a fractured left ankle and sprained his right ankle. The hit-and-run driver was never identified. P sued D and Richardson for negligence in dropping P off at an unreasonably safe location and for D in not providing Richardson with a route sheet. The case proceeded to a jury trial. At the close of P's evidence, D moved for a directed verdict, which the circuit court overruled. D renewed its motion again at the close of evidence, and the court overruled the motion. The jury returned a verdict in favor of P for $1.3 million. The circuit court overruled D’s motions for JNOV and a new trial and entered judgment on the jury's verdict. D appealed.
Issues
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Rule Of Law
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Legal Analysis
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