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Brisbine v. Outside In School of Experiential Education, Inc.

Where plaintiffs' son was killed while a passenger in a car driven by a student of defendant, summary judgment in favor of defendant affirmed; defendant did not owe a duty to victim or his parents, and defendant's conduct was not a substantial factor in death of victim.

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OPINION

� 1 Leslie and Clarence Brisbine appeal the trial court’s grant of Outside In School of Experiential Education, Inc.’s (OISEE) Motion for Summary Judgment. The Brisbines contend that the trial court erred in concluding that OISEE did not have a duty to the Brisbines or their son, Shawn, who was killed while a passenger in a car driven by Robert Nicholas Baker, an OISEE student. Furthermore, the Brisbines contend that the trial court erred in concluding that OISEE’s conduct was not a substantial factor in the death of Shawn Brisbine. For the foregoing reasons, we affirm the trial court’s grant of OISEE’s summary judgment motion.

� 2 The Brisbines’ son, Shawn, thirteen, died when a car driven by Baker collided with a tree at approximately 4:00 a.m. on Sunday, September 3, 1995. At the time of the accident, Baker should have been attending OISEE’s Phase II weekend program as ordered by the Westmoreland County Juvenile Court.

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