SOMMERS v. HESSLER

Opinion by

Hoffman, J.,

In this appeal, we must determine the duty of a school bus company with respect to a minor passenger who is injured by the tortious acts of other passengers.

In the original action, the plaintiff-appellees sued the owner of the bus company for negligently permitting a “spit ball” battle to be waged by minor passengers on its bus, which resulted in the accidental injury to the right eye of the minor plaintiff, which ultimately caused the loss of sight in that eye. The defendant thereafter joined Richard Kasparek, one of the participants in the fight, as additional…