DeLeon v. Hot Doggers Tours CA4/1
Natividad DeLeon sustained injuries when the charter bus she was riding in took evasive action to avoid a head-on collision and she was thrown from her seat into the bus’s front stairwell. She brought suit against the company that owned the bus, Hot Doggers Tours, Inc. (HDT), and the owner of the truck that veered toward the bus. Before trial, HDT moved for summary judgment, which the court granted. On appeal, DeLeon argues the court erred by granting the motion because triable issues of fact remained as to whether HDT’s failure to instruct passengers to wear their seatbelt was negligent and, if so, whether that negligence contributed to DeLeon’s injuries. We agree with DeLeon that triable questions of fact remain and, thus, reverse the judgment.
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