Suing Bus Driver After Being Struck by a Passing Car After Getting Off a School Bus
In White by Pearsall v. School District of Philadelphia, 553 Pa. 214, 718 A.2d 778 (1998), a minor plaintiff was injured after exiting a school bus when he was struck by a passing car after the bus driver motioned the child to cross.
The child and his mother filed an action for damages based upon negligence of the bus driver and also for uninsured motorist benefits.
The trial court granted summary judgment to the school district on the ground that the driver's conduct was not within the vehicle exception to local agency immunity.
The Court reversed, but the Supreme Court majority agreed that the exception did not apply where the conduct was separate from the actual operation of the motor vehicle.
Although the Supreme Court did not discuss uninsured motorist benefits, the Port Authority argues that under White they are barred where no immunity exception applies.