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"Loading", For School Bus, Includes Turning On Flashing Lights and Extending Metal Safety Gate, With Result That Student Who Is Hit By Car While Crossing Street To Board Bus Is Covered By The Bus’ Liability Insurance
In Wagoner, the Supreme Court of Virginia held that where a child was hit by an automobile while crossing a road to board a school bus, the accident arose out of the "loading" of the school bus as defined by the School Board’s liability insurance policy. The plaintiff successfully argued that the accident in which she was injured arose out of the "loading" of the school bus, and, therefore, the school bus and bus driver were not entitled to sovereign immunity because valid and collectible insurance was available. "Loading" was not defined in the policy. The Court found that as a verb, "load" included the meaning "to place in or on a means of conveyance." The Court found that the loading of the school bus was a function performed by the bus driver, even though the student was walking across the street on her own, to board the bus. The Court defined the loading function as including the turning on of flashing warning lights and extending the metal safety gate. Thus, the accident arose during the "loading" of the school bus. |
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