Kansas State Bank & Trust Co. v. Specialized Transportation Services, Inc.

The opinion of the court was delivered by

Six, J.:

This is a tort action arising out of the alleged sexual molestation of H.R. by her school bus driver, H. Ardon Davidson. H.R. is a six-year-old girl afflicted with Down’s syndrome.

The case presents issues involving: (1) the sufficiency of the evidence to prove that the school district and Davidson’s employer knew or should have known that air undue risk of harm would exist because of Davidson’s employment; (2) school district immunity and the discretionary function exception under K.S.A. 75-6104(e) of the Kansas Tort Claims Act (KTCA), K.S.A.…