IBJNews

Lawsuits filed over school bus crash that killed 2

Back to TopCommentsE-mailPrint

Some injuries children suffered in an Indianapolis school bus crash that killed the driver and a student could have been prevented if the bus had seat belts, a lawyer said Thursday.

Attorney Ken Nunn of Bloomington filed two lawsuits in Marion County court this week against Miller Transportation Inc., the company that owned the bus, on behalf of three families whose children were on it when it crashed.

An attorney for Miller Transportation didn't immediately return a phone call seeking comment.

Donasty Smith, 5, and Thomas Spencer II, 60, died in the March 12 crash when the bus carrying 50 children to Indianapolis Lighthouse Charter School collided with a concrete bridge pillar. Ten more students were injured.

The lawsuits claim Miller failed to provide a safe school bus. Nunn said Spencer was wearing a seatbelt when the bus crashed, but there were no seat belts for the children. Indiana does not require seat belts on school buses, although officials say some districts provide them.

Nunn said one of his clients broke his leg when he was hurled out of his seat and slid beneath several rows of seats.

"If he had remained in his seat, he wouldn't have been hurt," Nunn said. He added, "Those kids became human missiles."

Three of the five children Nunn represents, who he said were ages 9 to 14, have leg or ankle injuries, and four have post-traumatic stress, the lawsuits say.

They also claim the company was negligent because it was responsible for Spencer's actions and failed to properly train him or monitor his health. Investigators have said Spencer did not have any type of medical issue.

Nunn said he plans to file more lawsuits, including one against the state of Indiana for not requiring seat belts on school buses. He also plans to lobby legislators to pass a seat-belt law next year.

"The plan is to sue everybody I think was not using their noodle ... and investigate this further," Nunn said.

State Rep. Robert Behning, a Republican from Indianapolis who chairs the House Education Committee, didn't immediately return phone calls seeking comment Thursday.

But he said last week that the issue of school bus restraints may come up in the Legislature next year if media coverage continues or another accident occurs.

Nunn said having seat belts on school buses was "just common sense" because the devices are already required in cars and trucks. "They can tell us it's not required, but if it's not required, why don't they cut the seat belts out of their cars?" he said.

School buses are heavier than normal cars and distribute forces differently after crashes, so riders feel less of an impact. Buses also are designed so that the seats absorb some impact in a crash, protecting riders.

However, the National Transportation Safety Board website says the agency believes additional standards are needed to provide better protection for school bus passengers. Six states require large school buses to come equipped with seat belts.

Michael LaRocco, the state education department's director of school transportation, said last week it would cost about $160 million to equip all of Indiana's 16,000 school buses with effective restraints, and neither the state nor individual districts can afford that.

LaRocco wasn't available for additional comment Thursday.

ADVERTISEMENT

  • Quack
    Another attack of the ambulance chasin quack. What a piece of work....
  • Shotgun approach
    I am surprised he didn't sue the bridge-builder for a safer bridge and the city for not providing a road that would automatically steer the bus away from the bridge abuttment. He does want me on his jury or he would most assuredly lose every claim in this article. It is attorneys like him why every product cost some much more than it used to cost so firms can build up a fund to settle these "common sense" issues. In my opinion, attorneys have become like a mondern day Robin Hood only everybody is Prince John from whom attorneys wish to separate from his purse.
  • Ken Nut
    Was'nt Kenny able to get any of the state fair victims? He charged someone that I know for hotel rooms in a city 40 minutes away from Indy when he was representing them in a car wreck claim. Then he took 40% of the settlement. This guy is as crooked as they come. He will charge you for the ink he uses in his pen!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Doug Henning!

  2. These guy were thugs — they grew up in freaking Haughville! Smh, sigh. If the mayor needs/wants "quality" Black Hoosiers who are NOT corrupt, give me a call — I know plenty. Land bank info here - http://www.kubepharm.com/indylandbank/IndyLandBank.html

  3. Magician and illusionist!

  4. The basic idea of nice apartments with parking and retail is a good one, but this design seems overwhelmingly big/tall for Broad Ripple. The size could be disguised a bit with lots of big trees/landscaping, but the complex is too massive to blend in easily. That section of canal between College and Westfield will also need to be upgraded on both sides. Nice apartments facing onto a nice promenade with shade trees/plantings could bring together the canal towpath/Monon recreation, the outdoor seating at existing restaurants, and this project into something that upgrades the whole area. A plan for the whole stretch makes more sense than facing nice new housing onto what looks like a ditch. Is there a plan? Does the public have input? Who pays? The apartment idea seems to be reasonable, but Whole Foods is not a good idea for appropriate retail. Besides the store being physically too big, there are already Fresh Market at 54xCollege and Whole Foods in Nora for fancy groceries. Good Earth and Kroger are within walking distance of the Shell site. There are at least 7 grocery stores within a safe bike ride. Whole Foods would add nothing but traffic congestion. This design is on the right track, but there needs to be more work done to ensure that it blends in with and enhances the existing community. A project that large will set a tone for that whole part of town. It could be a real asset, but only if done right.

  5. I did not move to Zionsville to live in Carmel. This and the subsequent developments to follow will ensure a vanilla uniformity of strip malls and apartment buildings as we seek to bring our town down to the least common denominator. We were warned before recent elections that pro-development council members would make sure their friends (landowners and developers) would be able to make their millions off of the exploitation of Zionsville. Why in God's name would we sell out the best preserved small town in the State of Indiana?

ADVERTISEMENT