Tyler Transportation contracted with the Lancaster School Board to transport physically handicapped students. The contract provided, Tyler Transportation will transport the physically handicapped students of the School Systemand furnish all necessary vehicles and personnel and will perform all maintenance and make all repairs to the equipment to keep it in a safe and efficient operating condition at all times.

After Tyler Transportation entered into the contract with the school board, it subcontracted with Billings Limousine to provide the transportation. Billings Limousine leased Tyler Transportation buses to transport the students. Last month, a student was injured when the brakes on the bus he was riding in failed. The bus collided with a tree. The student sued Tyler Transportation, alleging that under its contract with the board, it had a nondelegable duty to properly maintain the bus to keep it in a safe operating condition. Tyler Transportation argues that when it subcontracted with Billings Limousine, Billings took over the responsibility of maintaining the buses it was using. Who wins? Why? Be thorough.