KENNETH EDWARD BADGETT, III, A MINOR, BY AND THROUGH KENNETH EDWARD BADGETT, JR., AS GUARDIAN AND NEXT FRIEND, KENNETH EDWARD BADGETT, JR., INDIVIDUALLY AND KENNETH EDWARD BADGETT, JR., AS TRUSTEE FOR FRANCES BADGETT, NATURAL MOTHER OF KENNETH EDWARD BADGETT, III, APPELLANTS,
v.
FRANKIE MAE THORNES AND J.C. HARRIS, APPELLEES
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In this negligence case involving a school bus accident, the appellate court reversed a summary judgment for the bus owner and driver, finding that genuine issues of material fact existed regarding the defendants' agency status, the defendant bus driver's instructions to children, and whether her actions proximately caused the plaintiff's injuries.
The trial court erred in granting summary judgment because genuine issues of material fact existed on these issues that should have been resolved by a jury, not by the judge on summary judgment.
[1] A genuine issue of material fact exists regarding whether a bus driver's actions proximately caused or contributed to a student's injuries.
[2] Summary judgment is improper when the record evidence presents contradictory evidence on whether a party was an agent or employee of a school board, or an independent con…
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Join FLexlaw to unlock all legal intelligence“It is apparent from the record evidence before the trial judge at the time the motion for summary judgment was granted that there existed genuine issues of material fact regarding whether Thornes and Harris were agents or employees of the School Board (or whether Harris was an independent contractor and Thornes his employee at the time of the accident) and whether Thornes' actions proximately caused or contributed to Kenneth's accident.”
Establishes that factual disputes existed that precluded summary judgment.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKenneth Badgett, a minor, was injured in a traffic accident involving a school bus. The case involves questions about whether the bus driver (Thornes)…
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BARFIELD, Judge.
Kenneth Badgett and his parents appeal a final summary judgment in favor of the owner and the driver of a school bus in a negligence suit involving a traffic accident in which Kenneth was injured. We reverse.
It is apparent from the record evidence before the trial judge at the time the motion for summary judgment was granted that there existed genuine issues of material fact regarding whether Thornes and Harris were agents or employees of the School Board (or whether Harris was an independent contractor and Thornes his employee at the time of the accident) and whether Thornes’ actions proximately caused or contributed to Kenneth’s accident.
Presented with this evidence (and perhaps additional evidence), a jury may find that Kenneth Badgett’s injuries were entirely caused by his own negligence; that the accident was caused by the negligence of the truck driver alone, or in combination with Kenneth’s negligence; that Harris and Thornes were agents of the School Board and therefore immune from suit; that Thornes did not instruct the children to cross the street before she arrived; or that her actions did not contribute to Kenneth’s accident.
On the other hand, a jury may find that Harris was an independent contractor and that Thornes was his employee, and that changing the bus route and requiring the children to cross the street before Thornes arrived at the bus stop proximately contributed to Kenneth’s accident and resulting injuries, so that both Thornes and her employer Harris are liable. The trial judge took it upon himself to make these factual determinations. In light of the contradictory evidence on these issues, he erred by so doing. The order of final summary judgment is REVERSED.
SHIVERS and ZEHMER, JJ., concur.