A Texas attorney has filed a wrongful death lawsuit on behalf of parents whose 10-year-old child died in the school bus crash that also killed five other students from Woodmore Elementary School.
This is at least the fourth lawsuit filed after the crash, which led to vehicular homicide charges forJohnthonyWalker, 24, who was driving the school bus on Talley Road on Nov. 21.
The child died from blunt force trauma after her school bus rolled and collided with a tree.
Lawyers have filed this suit against Walker; Durham School Services,the company that contracts buses for Hamilton County; and the bus manufacturer,Thomas Built Buses Inc., a subsidiary of Daimler Trucks North America LLC.
The lawsuit claims that the bus’ design was defectiveand that both Walker and Durham were negligent.
Attorney Mo Aziz of Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz said in a prepared statement that he’s been hired to determine if a safer bus design could have lessened harm to the children.
“The negligence case against Mr. Walker and Durham School Services is clear,” he also said. “We also know that the bus manufacturer could have delivered a safer product into the stream of commerce by equipping this bus with seat belts and glazed shatter-resistant windows. The real question is whether those features would have lessened the harm to these innocent schoolchildren in this crash.”
The lawsuit asked for a jury trial, and for the plaintiffs to be awarded $5 million in compensatorydamages and $500,000 in punitive damages.
Walker is slated to be in court Dec. 15. Click here for background about that.