Summary of Santiago v. First Student, Inc.
*Facts: The plaintiff alleges that when she was in eighth grade the bus driver hit something negligently, causing her to hit the seat in front of her. She recalled none of the details and did not see the bus actually hit the unidentified car. Because of the collision, she says the right side of her face hit the seat. She states that the police were not called so there is no police report.
*Procedure: Trial court judge granted summary judgment.
*Issue: Is the lack of evidence justified based on the nature of the accident?
*Holding: no, she must prove something!
*Reasoning: The plaintiff has not met that burden in this case and the defendant, therefore, is entitled to judgment as a matter of law. The plaintiff must allege fault and show fault. Van Camp v. McAfoos. It may not have been the fault of the bus driver so it would not be right to hold him liable.