Joe Blackburn v. Boise School Bus Co. Book Reviews

Joe Blackburn v. Boise School Bus Co. by Supreme Court of Idaho No. 10909 Book Summary

This action was commenced by plaintiff-appellant Joe Blackburn, as guardian ad litem, to recover for personal injuries sustained by Ramona Blackburn while she was riding in a Boise school bus. At the time of the accident, Ramona was seated on the rear seat of the bus. The rear wheels of the bus encountered a severe bump (so termed by the driver), and Ramona and at least two other children were thrown up to the ceiling of the bus. Ramona came down, hit her mouth on the metal railing of the seat in front of her, and sustained severe injury to her teeth. The accident resulting in Ramona's injury occurred at the site of a newly completed bridge, which had been under construction for a week or a week and a half. At the jury trial conducted below, the bus driver testified that he had driven by the bridge every day while it was under construction and, therefore, on the day of the accident he was aware that construction work had been going on in this area. On the last school day (a Friday) prior to the accident, it was still necessary to detour around the new bridge, since construction had not yet been completed. On the day of the accident (a Monday), the bus driver, when the bus was about two hundred feet away from the bridge, observed that it was no longer under construction. The previously posted warning signs had been removed, and workmen were no longer present. The bus driver estimated that the bus was traveling at about twenty miles per hour when it reached the bridge. According to the driver's recollection, the only time he checked the bridge's condition was when he was about two hundred feet away. It was not until the accident happened that the driver realized that some defect in the roadway existed in the area of the bridge. The bus's front wheels did not give the driver any indication of the presence of a severe bump; nevertheless, the bus's rear wheels did hit such a bump, and Ramona's injury occurred as a result.

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Joe Blackburn v. Boise School Bus Co. (Supreme Court of Idaho No. 10909) Book Reviews 2024

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