Toney v. South Carolina Department of Education

I respectfully dissent.

I would hold that as two buses are involved, Toney is entitled to collect the no fault benefit provided to an “occupant” of Bus “A” and may also pursue benefits under the separate coverage provided for persons injured by the negligent operation of Bus “B.”

Keysha Toney, a second grade student, was a passenger on a school bus (Bus “A”). Soon after she debarked, a second school bus (Bus “B”) passed Bus “A” striking and killing the child. Respondent has already received no fault death benefits from appellant under subsection (l)(a). This action involves a second suit…