Maginnis Howard attorneys T. Shawn Howard and Karl S. Gwaltney recently settled a case for the family of a 14-year-old who was killed while crossing the street to board her school bus. The over $1.3 million settlement came after 7 years of litigation.
The Plaintiff initially filed the case in 2013, but the state did not make an offer until October 2020. The state wrongfully blamed the collision on the child and her family, drawing out the process of justice. The “jurisdictional limit” for the wrongful death claim against the State was $1 million. The remainder of the $1.3 million settlement was for the negligent infliction of emotional distress on the child’s family, who witnessed the event.
The family alleged that the bus driver failed to activate her red lights at a bus stop. Oncoming traffic had no indication to stop and struck the child as she walked to the bus. Shawn deposed two witnesses who testified that the driver failed to activate her lights or pull out her stop arm. As a result, the oncoming driver had no notice that children were crossing the street. Karl successfully deposed a County employee who confirmed black box data from the bus did not support the State’s contentions.
Evidence also showed that the bus stop was dangerous, as it required the child to cross a busy, dark highway when, after the dangerous bus stop, the bus was going to go up the highway .21 miles, turn around, and then pass the Plaintiffs’ house. Investigators found that an additional stop on the Plaintiff’s side of the road could have prevented the need to cross the highway.
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If your child was injured in a school bus accident, contact Maginnis Howard. We handle cases on a contingency fee basis. That means you and your child pay no attorneys’ fees unless and until we recover compensation. Maginnis Howard has three offices with locations in Charlotte, Raleigh, and Fayetteville. To reach an intake specialist, visit our contact page or submit an inquiry via Live Chat. You may also call us at (919) 526-0450. We accept clients across the Carolinas.
