A tragic case in San Bernardino County that involved a six-year-old girl who was struck by a car while crossing the street to catch her school bus demonstrates several things. Isabella Escamilla Sanchez, a minor, by and through her guardian ad litem, Carina Sanchez v. County of San Bernardino, a public entity; City of Highland, a public entity; et al., San Bernardino Superior Court, case no. 1309504, shows that accepted practices are not necessarily safe. The case also demonstrates how notice can affect the outcome of litigation and the vicarious liability that employers have when their employees’ negligence result in injuries to others.
On Oct. 3, 2012, Isabella Escamilla Sanchez, a six-year-old, attempted to catch her school bus by crossing the street at midblock. She was struck by an oncoming Subaru Impreza and suffered numerous injuries, including a traumatic brain injury that left her with lifelong disabilities requiring round-the-clock nursing care. Her family filed a lawsuit against the Durham School Services because the drivers failed to report mid-street crossings by children in violation of their own policies.