TOMS v. McCONNEL

This case comes to us from a summary judgment entered in favor of the defendants on the ground that plaintiffs had failed to state a claim upon which relief could be granted. GCR 1963, 117.2(1). Thus for the purpose of this appeal, all well-pled factual allegations set forth in plaintiffs’ complaint will be accepted as true. Martin v Fowler, 36 Mich App 725 (1971).

The facts gleaned from the plaintiffs’ complaint may be briefly summarized as follows: At the close of the school day on April 22, 1968, plaintiffs’ nine-year-old daughter boarded a school bus for her return trip home. A short time…