Judge Says School District Can Be Sued for Bus Accident
Posted on Dec 23, 2009 2:45pm PST
A Pennsylvania judge has ruled that Cumberland Valley School District is not immune to being held liable for a school bus accident that resulted in the injury of a kindergartener.
James and Jean Hegarty, the parents of the boy who was injured, have sued the school district, the driver, and the bus owner for the 2006 accident.
The accident occurred when an 8-year-old boy placed his hands over the bus driver's eyes, causing him to veer off the road and hit a tree. The Hegartys are claiming that there should have been seat belts in the bus, that better discipline should have been in place, and that a barrier should exist that separates the driver from the students.
The district tried to argue that the Hegartys could not sue the district because of a state law that protects government entities from these types of lawsuits. But the judge ruled there is a loophole in law that makes it possible for governments to be sued for traffic accidents.
It is unclear how much the Hegartys are seeking in damages.
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