Hurlburt v. Noxon

149 Misc. 2d 374 (1990)

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Hurlburt v. Noxon

New York Supreme Court
149 Misc. 2d 374 (1990)

Facts

Rodney Hurlburt (plaintiff) boarded the school bus, which was to take him to summer school. School rules forbade students to leave the bus before it reached school. After Hurlburt boarded but before arriving at school, the bus made a stop to pick up more students. During this stop, Hurlburt left the school bus so that he could ride the rest of the way as a passenger in another student’s car. The bus driver was aware that Hurlburt left to join the other student but did not give his permission. Hurlburt got into the other student’s car. The other student got into an accident, and Hurlburt suffered injuries. Hurlburt sued the school district (defendant), alleging that its negligence caused his injuries. Both parties moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Ingraham, J.)

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