When there was snow and water on the ground, a student with cerebral palsy, got into an accident while getting off of a school bus. The school bus company, Rainbow Transit Inc., wanted to have the case against it dismissed. The court did not do so by refusing to grant the bus company summary judgment according to a July 28, 2014 New York Law Journal article. The judge found that there were still “questions of fact,” meaning that a trial would be necessary to decide who was liable for the accident.

The bus company claimed that it fulfilled its legal obligations to transport the student to school, to safely take the student of the bus and to successfully transfer the custody of the student from the bus company to the school, the New York City Department of Education (DOE).

On the other hand, the DOE said that the bus company did not choose a safe place to stop and help get the student off of the bus and did not transfer the student to any DOE employees. These steps were important because the DOE claims the student allegedly fell on snow and water because of the bus company’s negligence.

The court did not grant the transportation company summary judgment that would have stated that they were not liable for the accident. The facts did not clearly point to that conclusion. Therefore, the case will have to go to trial to reach a conclusion.

If you or a loved one has been injured in an accident, whether in a car or on a sidewalk, then you should seek medical advice and then contact a lawyer. Jayson Lutzky handles accident and personal injury cases. Over the past 31 years, he has recovered millions for his clients. Mr. Lutzky offers free in office consultations. His office is located on 183rd Street in the Bronx, NY, near the 4 train. In the event of a serious injury, home or hospital consultations are available. Call 718-514-6619 to set up an appointment or visit www.MyNewYorkCityLawyer.com for more resources.