Santiago v. First Student, Inc.

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

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Nature of the Case

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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.