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Summary Judgment for School District in Fatal Auto Accident Case.

We obtained summary judgment on behalf of a school district in a fatal automobile accident where a high school student was struck and killed by a third party while crossing the street to board her school bus. The striking driver, also a student at the high school, was found criminally liable and sentenced to a prison term, but was not sued by the estate. Because a school bus stop is not a “traffic control” and a stationary bus with its red lights activated is not “in operation,” the plaintiffs were unable to fit their arguments within an exception to the Pennsylvania Political Subdivision Tort Claims Act, and the complaint was dismissed.

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