Lawsuit over ‘severe’ Kentucky school bus crash faults driver, schools as negligent

The Magoffin County school system failed to provide and enforce adequate safety policies before a bus crash last month that injured several students, mothers of two students have claimed in a lawsuit.

The complaint is the first filed in Magoffin Circuit Court as a result of a Nov. 14 crash in which the bus plunged over an embankment along KY 40 and turned over on its side.

Police said there were 18 students on the bus, ranging in age from elementary to high school.

The school district said 11 of the students were released after treatment the day of the wreck, but several students suffered serious or critical injuries.

In addition, the bus driver, who was ejected from the bus and partially pinned under it, was critically injured.

William R. Johnson, an attorney in Pikeville who filed the lawsuit, said one student whose mother he represents suffered injuries that included skull fractures, bleeding in the brain, and rib and vertebrae fractures.

“These are horrific injuries,” Johnson said.

The daughter of his other client sustained head and other injuries. Neither girl has returned to school, Johnson said.

Magoffin County schools Superintendent Chris Meadows said several students who were hospitalized after the crash were able to return to school before the Christmas break, but others were receiving instruction at home.

The lawsuit filed Wednesday names the bus driver, Wanda Bailey, as a defendant along with the Magoffin County Board of Education.

Two women who had daughters on the bus, Barbara Jenkins and Courtney Howard, are the plaintiffs in the lawsuit, on behalf of their daughters.

The complaint alleges Bailey was operating the bus “in such a negligent manner, grossly negligent manner, and/or with reckless disregard” for safety that the vehicle went off the road, causing severe injuries to the two girls.

Johnson said in an interview that he understood some parents had complained about Bailey’s driving before the crash.

“This was such a severe and catastrophic crash we really need to get to the bottom of what happened,” Johnson said. “This should never happen.”

Meadows said police are still investigating the crash and he could not comment on personnel matters.

The other claims in the lawsuit include that the board of education was negligent in entrusting the bus to Bailey; negligent in not supervising her operation of the vehicle; failed to use proper care in hiring, training and supervising the driver; and failed to “provide, establish and/or enforce” adequate safety policies.

The complaint seeks an unspecified amount of money to compensate the students for mental and physical pain, suffering and inconvenience; for a permanent loss in their ability to earn money; medical expenses; and costs to their parents such as travel and lost wages.

It also seeks an unspecified amount of punitive damages.

In response to the lawsuit, the school board’s attorney, Don McFarland, said the school system maintains that it properly trains, monitors, tests, and oversees all employees, including bus drivers.

“This bus crash was a devastating accident and was an extremely unfortunate event that was beyond the control of the Magoffin County School Board,” McFarland said. “The Superintendent and Board of Education have always and will always look after the safety, the education and the well-being of our students and we deeply regret that this tragic accident occurred.”