City, driver sued over fatal 2022 bus crash

Apr. 4—A Valencia County woman was fatally injured in 2022 when an Albuquerque bus she was riding in slammed into a wall at Interstate 25 and Lomas NE.

Now, Lillian Rothchild's family is suing the city of Albuquerque, alleging negligence by the city and the bus driver.

The driver told first responders that he had a high fever and had taken over-the-counter medication prior to the crash, according to an Albuquerque Police Department report.

The driver, Monty Gresham, is still employed as a city bus driver, said Megan Holcomb, an ABQ Ride spokeswoman.

"The City does not comment on pending litigation, but we are reviewing the complaints and will respond accordingly," Holcomb said.

According to the city report, Gresham was driving south on the I-25 frontage road and attempted to turn left onto Lomas when the bus collided head-on with the I-25 supporting wall. The bus was traveling at 28 mph at the time of the April 21, 2022, crash, it said.

Rothchild, 69, of Valencia County, was thrown out of her seat and struck a metal compartment located behind the driver's seat, the family's attorney, David Chavez, said Thursday.

Rothchild suffered multiple injuries, including several broken bones, Chavez said. She died on May 7, 2022, as a result of those injuries, according to the suit.

The city has a post-accident testing protocol but failed to test Gresham for alcohol or drugs after the crash, Chavez said.

City officials were unable to test the driver because he was hospitalized after the crash, according to a city memorandum obtained by Chavez.

"Just because you're hospitalized doesn't negate being able to get a blood-alcohol test," he said.

The 2nd Judicial District Court lawsuit, filed on behalf of Rothchild's son and sister, seeks undisclosed damages and costs. Gresham and the city are identified as defendants.

It alleges Gresham was careless or reckless in operating the bus, and the city was negligent as Gresham's employer.

Rothchild was one of six passengers riding the bus at the time and was one of four transported to a hospital, the accident report said.

Gresham told police "that he was taking over the counter medications and had a high fever of 102.9," the report said.

Shortly before the fatal crash, the bus sideswiped the I-25 retaining wall as Gresham turned south onto the frontage road from Mountain NE, the report said.

A second passenger transported to a hospital, Beverly Montano, 75, filed a lawsuit in December against the city and the bus driver as a result of the collision, court records show.

In her 2nd Judicial District Court lawsuit, Montano said she suffered injuries and emotional distress as a result of the crash and alleges negligence by the driver and liability by the city.