Tucson Judge Dismisses School Negligence Case, Awards Defendant $3,489

In October 2003, an eleven-year-old fifth-grade student at a charter school in Tucson, Arizona, was struck by a motor vehicle while riding a bicycle across an intersection after school. The incident occurred at the intersection of Alvernon and Speedway, where the school, Basis School, Inc., did not provide a school crossing guard, unlike other elementary schools in the Tucson Unified School District. The plaintiff suffered significant injuries as a result of the collision.

In July 2011, the plaintiff filed a lawsuit against Basis School, Inc., in the Superior Court of the State of Arizona in Pima County. The plaintiff alleged the school was negligent for failing to provide a crossing guard, breaching its duty to prevent foreseeable harm, and creating an unreasonable risk of harm. The defendant denied any negligence and filed a motion for summary judgment, arguing there was no evidence it breached a cognizable duty to the student, nor was its conduct a proximate cause of the accident. The defendant also asserted that no state rule required it to provide crossing guards for off-campus travel and that parents were expressly informed such services were not offered.

In February 2013, the court entered judgment in favor of Basis School, Inc., finding the defendant was entitled to judgment as a matter of law. The case was dismissed with prejudice, and the defendant was awarded costs totaling $3,489.55 plus interest.