The Connecticut Supreme Court reversed part of a lower court ruling that had granted Colchester school officials immunity from liability for a 14-year-old student who was hit and seriously injured by a car while trying to sneak out for a cigarette in 2007.
The justices, in their ruling this week, said a lower court erred in granting a motion for summary judgment in favor of two former school employees, Dale McCubrey and Ross Sward. The high court found there were inconsistencies between McCubrey’s deposition testimony and her interrogatory responses. And, the court added, there “remains a genuine issue of material fact” as to whether McCubrey and Sward created a bus duty roster, which would have ensured school personnel were on duty in the area where the accident took place.
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