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Badgett ex rel. Badgett v. Thornes
Citations: 492 So. 2d 851; 11 Fla. L. Weekly 1825; 1986 Fla. App. LEXIS 9495; 34 Educ. L. Rep. 972Docket: No. BH-52
Court: District Court of Appeal of Florida; August 20, 1986; Florida; State Appellate Court
Kenneth Badgett and his parents appealed a final summary judgment favoring the school bus owner and driver in a negligence lawsuit stemming from an accident that injured Kenneth. The appellate court reversed the summary judgment, highlighting that genuine issues of material fact existed regarding the employment status of the bus driver, Thornes, and the owner, Harris, related to the School Board, as well as the causation of the accident. The evidence suggested multiple scenarios: Kenneth's injuries could have been solely due to his own negligence, the truck driver's negligence, a combination of both, or the actions of Thornes and Harris, who may have been agents of the School Board and thus immune from suit. The trial judge improperly made factual determinations instead of allowing a jury to evaluate the evidence, which included whether Thornes instructed children to cross the street before her arrival and the implications of altering the bus route. Given the conflicting evidence, the appellate court concluded that the trial judge erred in granting summary judgment. The decision was reversed, with Judges Shivers and Zehmer concurring.