LAW 604C Lecture Notes - Lecture 13: Cracker Barrel, Summary Judgment, Walmart
Document Summary
Santiago was an 8th grade child riding on a school bus when it was hit by a vehicle on its right side. She could not provide any witnesses of the accident. She could recall any specific details of the accident other than there being a stop sign controlling the flow of traffic in the direction of the bus. Trial court issues summary judgment for first student. Santiago, though being in a collision, must still present evidence to demonstrate the existence of a material question of fact. Santiago did not do this and instead asked the court to justify a lack of evidence based on the nature of the collision. This does allow for the trial to proceed to a jury as she must demonstrate the existence of a material question of fact: evaluating conduct through notice and opportunity to cure. Thoma v. cracker barrel old country store, inc.
