THE MAGAZINE

Elsewhere in the Courts: School Safety

An Illinois appellate court has ruled that the parents of a child molested by her school bus driver can proceed with her lawsuit against the school. The school argued that it was not a common carrier and could not, therefore, be held liable for Green’s claims of negligent hiring, assault and battery, and intentional infliction of emotional distress. (Under state law common carriers are liable for the wrongdoing of employees regardless of whether that employee was acting within the scope of employment.) The court ruled that the school was not a common carrier but, because of the special nature of its relationship to students, it owed an even higher duty of care to the plaintiff’s daughter.

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Green v Carlinville.pdf67.51 KB

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