Superior Court grants motion to dismiss in action where a minor plaintiff was lured off a school bus by minor defendants and assaulted.

Though much of the court’s issue in this decision appears related to the manner in which the complaint itself was drafted, the court did find that a school transportation department’s “supervision of students on a school bus, as well as the actions taken or that could have been taken prior to students embarking on the bus were discretionary acts” entitled to immunity protection and not ministerial. It is important to note that the court acknowledged arguments that the school had policies as to seat assignment, students riding buses they are not assigned to, and prohibiting students from getting off at not-assigned bus stops. However, the complaint failed to “adequately allege these facts” or a ministerial failure to enforce these policies. Though it is key that the court considered bus supervision to be discretionary, it did appear to leave open the door for simple negligence if such a claim is more articulately alleged.

_{Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2032 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}