Fatal Bus Crash Litigant List at 14 and Counting

LIBERTY, Mo. - The past summer break didn't do much to separate the academic years for this community just north of Kansas City. Many spent the hiatus determining how to handle past and future challenges, including a flurry of lawsuits that resulted from a fatal school bus-two car accident on May 9.

Students, parents and school representatives started the new school year by coping with the highly publicized accident. Through counseling and communication, the school district managed to bring the community back to school with a focus on safety and empathy for those affected by the accident, according to Dr. Scott Taveau, Liberty Public School Superintendent.

"We're going out of our way to get a new start. We're customer-oriented, and we're making extra efforts to help the parents and students settle in," said Taveau.

Facing the future, those affected will go beyond this small city with nearly 30,000 residents. Many more will likely face the consequences of state regulation and litigation, because the accident triggered a state task force investigation and prompted a current total of 14 lawsuits.

A Flurry of Litigation

According to reports, the Liberty school bus on its morning run was carrying 53 kindergartners through fifth-graders to Ridgeview Elementary. The bus, with an apparent history of brake problems, didn't stop and crashed into two other vehicles waiting for a stoplight to change at an intersection.

The two car drivers, David Gleason and David Sandweiss, were killed instantly and at least two children suffered life-altering injuries. Nearly two dozen other children suffered cuts, scrapes and bruises. The bus driver, Irma Denise Thomas, did not suffer serious injuries. Despite characterizing her driving record as "impeccable," the school district later terminated her employment.

In just a few months, numerous civil lawsuits have been filed. The plaintiffs in various petitions include the families of the two deceased motorists and 12 students who were on the bus.

The defendants named in several of the lawsuits include the school district, the bus driver and a long list of companies involved in the manufacturing and maintenance of the school bus and its vehicle systems.

Among them are: Bendix Commercial Vehicle Systems (the brake system supplier); Thomas Built Buses and Freightliner (the bus OEM and parent company); Cummings Mid-America (which sold and serviced the bus' electrical system); and Midway Ford Truck Center and Midwest Bus Sales (which performed repair work on the bus).

Other tier automotive system suppliers named in lawsuits for various vehicle components include General Motors, Dana, Meritor Heavy Vehicle Systems, American Standard, Williams Controls and Parker-Hannifin.

Several defendants and plaintiff attorneys - including Robb & Robb, the law firm representing families of the deceased and injured children - are not commenting on the case. However, lead attorney Anita Robb of Robb & Robb is well known in the school bus industry, having successfully won a $14 million judgment in a 1997 Kansas City case against Vancom Transportation of Oakbrook, Ill. 14-year-old Ryan Sayles was dragged and fatally injured on a Vancom bus when the drawstring on his jacket wedged in the bus door handrail.

Superintendent Taveau confirmed that the Liberty school district attorney is working with its insurance company to determine how to proceed in the lawsuits.

While the lawsuits may aim for the goal of future accident prevention, the wrongful death suits carry the risk that damages will be assessed, according to Peggy Burns , a noted legal analyst and Colorado school district attorney.

A Governmental Response

A Missouri state task force launched shortly after the Liberty bus accident recently returned its recommendations for school transportation safety.

In its findings, the group stopped short of suggesting mandatory seat belts on school buses. Instead, the task force recommended improved training, increasing the use of safety technology and recruiting adult monitors to supervise children getting on or off the bus.

Despite a contentious debate, Gov. Matt Blunt says he'll push for mandatory seat belts on school buses. Reluctant task force members feel retrofitting existing buses may be risky and requiring belts without funding could harm budget-strapped school districts.

"We support the effort to improve school bus safety, but there are some unanswered questions," said Taveau, in response to the task force findings. In addition to an unfunded mandate, he has concerns about changes to lower bus capacity and the necessity to purchase more vehicles.

The recommendations need the approval of the Missouri legislature.

Lessons Learned to Carry On

As the legal and legislative debates continue, Liberty Public Schools, like many others, aim to protect and educate its constituencies.

Dr. Taveau said his district is reviewing every aspect of its school transportation procedures, including hiring, training, operating and maintaining the bus fleet. As a standard procedure, younger students have completed safety training for loading, riding and exiting school buses.

School districts can implement further precautions and strategies for safety and protection, according to Burns.

"Have a systematic maintenance schedule and method for reporting and addressing problems. Have a method for prioritizing problem issues and addressing them promptly," said Burns.

With Liberty school district's crisis communication plan, the community acted swiftly amid the accident, according to Jim Dunn, communication director.

" Our crisis plan worked.  We got vital information out to parents, local authorities, the news media and internal audiences in remarkable speed," said Dunn.  "We were able to place people in hospitals, schools and the crash site almost immediately.  The follow-up provided the necessary ongoing assistance and counseling necessary to begin a recovery."

In the past, Dunn has actively shared his experiences as board president of the National School Public Relations Association.