The mother of a child injured in Monday’s fatal bus crash has filed a lawsuit against the vehicle’s driver and Durham School Services, the company that contracts buses for Hamilton County.

“It’s a negligence lawsuit,” Herbert Thornbury, attorney for plaintiff Kimberly Boling, said. “And that’s attributableto the company.”

The driver,JohnthonyWalker, 24, has a bond of$107,500 after authorities charged him with five counts of vehicular homicide, reckless endangerment and reckless driving.


The lawsuit, filed Wednesday in Hamilton County Circuit Court, said thatBoling’s son sustained physical and psychological injuries in the crash.

It also notes the monetary strain that this will causeBoling.

A spokeswoman for Durham said that aside from this statement,in which the company’s CEO said he and his team are cooperating with authorities, there is no further comment.

Thornbury said that theBoling family wanted to file the lawsuit to signal to Durham and its employees that they need to take corrective action and change the company’s conduct, which jeopardizes the safety and welfare of the children who ride their buses.

The lawsuit,in part, alleged that the driver showed negligence and recklessness and that Durham has failed to create policies to ensure that drivers are properly hired, trained, supervised, investigated and disciplined.

The suit doesn’t list a specific dollar amount.

“The jury decides the amount,” Thornbury said. “It is asking for monetary relief to be awarded by a jury of peers.”