The attention of a school bus driver was diverted momentarily from the road when a bee flew in the window of the bus and stung him on the neck. While the driver ducked his head and tried with his left hand to extricate the bee from under his collar, the bus veered to the left and onto the shoulder of the road, a distance of about seventyfive feet. At this point the driver raised his head and saw what had happened. He tried to turn the bus back onto the road, but was unable to do so because of the soft condition of the shoulder. The bus went down into a shallow ditch, tilting first to the left and then to the right before it could be stopped. This motion of the bus caused one of the students to be thrown from her seat and injured.

The student sued for negligence. What must the student argue in order to prevail? Will the student win her case?