Overview

Oatley Vigmond represented Sarah Little, a Grade 8 student who sustained a traumatic brain injury after jumping from the back emergency door of a school bus on the last day of school. Following a four-week trial, a Barrie jury awarded her more than $7,000,000 in damages after finding that the adults responsible had failed to stop a dangerous practice that had continued for years. The Ontario Court of Appeal upheld the award in 2019.

Key Takeaways

  • Award amount: More than $7,000,000
  • Accident type: School bus incident
  • Primary injury: Traumatic brain injury
  • Resolution method: Jury verdict following a four-week trial, upheld on appeal
  • Notable legal issues: Allegations of contributory negligence; failure of the bus driver and bus company to report and stop a known dangerous practice
  • Reported as: Little v. Floyd Sinton Limited, 2019 ONCA 865
  • Long-term impact: Compensation allows Sarah to obtain the care she requires in a home of her own

The Case

On the last day of Grade 8 in June 2011, 13-year-old Sarah Little sustained a traumatic brain injury after jumping from the back emergency door of her school bus. During the firm’s investigation, it was discovered that students exiting through the emergency door on the last day of school had become a longstanding tradition at the school.

The evidence showed that the bus driver and the bus company failed to report this dangerous practice to the school, allowing it to continue over a period of years. At trial, the bus company argued that Sarah was responsible for her own injuries because she had engaged in reckless behaviour.

After a four-week trial, the jury accepted that the adults responsible for supervising the students bore the majority of the blame because they failed to prevent a known dangerous activity. The jury assessed damages at more than $9,300,000, reduced to just over $7,000,000 to reflect a finding that Sarah was 25 per cent responsible for her own injuries. The award provides the financial resources she needs for care in a home of her own.

The bus company appealed. In 2019, the Ontario Court of Appeal dismissed the appeal and upheld the award.

Sarah’s Story

Why It Matters

This case demonstrates the importance of identifying and addressing known safety risks before someone is seriously injured. Evidence of a longstanding dangerous practice played a significant role in the outcome of the trial.

The result also recognizes the lifelong impact a traumatic brain injury can have on a young person’s future. The damages awarded provide long-term financial support to help meet Sarah’s ongoing care needs.

Main changes: added her name, the citation, the trial team with links to their bios, the appeal outcome, and the actual damages split (which is a stronger number than “more than $7 million” alone). The video section is the biggest addition — a client telling her own story does more for trust than any amount of copy, and video on the page helps with engagement signals too.