A school district has hired people to serve as monitors on the school buses. One afternoon, a bus monitor overheard a pair of teenagers plotting to get guns. The monitor made no mention of overhearing this, even though the teenagers had a history of behavioral problems. Two days later, the teenagers stood at a busy intersection, with guns drawn. Before police arrived and re-established order, one of the teens had shot a motorist in the head, causing permanent damage. The motorist sued the monitors for negligently failing to notify law enforcement of the threats. Lawyers for the monitor file a motion for summary judgment on the grounds that the claim fails to establish that the monitors’ negligence was the proximate cause of the motorist’s injuries. Will the court grant the request for summary judgment, assuming that all facts are true? Why or why not? Did the monitor have a duty of care to the motorist? It may help to think in terms of Palsgraf & foreseeability.
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