S.H. v. K & H Transport involved a 17-year-old special-needs student at the time of the events at issue. S.H. sued the bus company that transported her to and from school. The trial court ruled that the bus company did not have a duty “to protect against the alleged injury”—sexual assault—and that no reasonable person could find the bus company’s actions caused the plaintiff’s injury. The New Jersey Appellate Division disagreed and reversed. Because the scope of the duty owed to S.H. was impacted by the extent of her disability and the facts necessary to that determination were vigorously contested, summary judgment was inappropriate based on the record.
