A federal appeals court has reversed a lower court and held that a Berkshire Hathaway Inc. unit does not have to defend or indemnify the Pittsburgh Public School District or a bus company in a special needs student’s sexual assault aboard a school bus.
Pittsburgh-based Brimar Transit Inc. transported students for the Pittsburgh School District, including an adolescent girl, K.M., with developmental challenges, according to Friday’s ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia in National Liability & Fire Insurance Co. v. Brimar Transit Inc., Pittsburgh Public School District.
Traveling on the bus with her each day was a 12-year-old boy with similar challenges who had sexually assaulted K.M. multiple times, including during gym class, the ruling said.