[....]
Here's what you should know about the Hamilton County cases filed so far:
How many are there? As of Dec. 21, a month since the crash, six civil claims had been filed. Five were filed by family members of children who were on the bus and injured. One was filed by relatives of Zyanna Harris, a 10-year-old who was killed. The lawsuits ask a jury to decide what dollar amount is appropriate to compensate the families for their pain and suffering. Harris' family seeks $5.5 million.
Will they get that much money? That's up to a jury to decide, but Tennessee also sets caps on certain kinds of damages a person can receive in cases like these.
"All of these hurt children, and some dead children, and families just distraught, and our legislature has said that $750,000 for loss of love and affection is all these families should get," said
Randall Kinnard, a Nashville personal injury lawyer who is not involved in the cases but who reviewed the pending lawsuits at The Tennessean's request. That $750,000 cap applies to the family members' claims related to their emotional loss; however, the families can receive additional money to compensate for medical bills or lost wages, Kinnard said.
Who are they suing? All six list Durham School Services, the private company that hired Walker, and Walker as defendants. Kinnard said employers can be held responsible for their employees' actions as long as the employee is acting within the normal scope of employment. A lawsuit filed by Harris' mother and father also names Thomas Built Buses, the bus manufacturer as a defendant.
What are their claims? Generally, the lawsuits claim Durham was negligent in training, hiring, supervising and disciplining its drivers. They allege Walker was being careless and negligent while on the road. The lawsuit that names Thomas buses as a defendant includes a product liability claim, alleging the manufacturer knowingly built buses that were dangerous. The lawsuit says the window system did not minimize risk of ejection and that the bus did not include seat belts.
What comes next? Durham School Services will file responses to each of the cases. It's also extremely likely that more lawsuits will be filed. There were 37 students on the bus, and only six civil claims filed so far.
You must be logged in to see or use the Shoutbox. Besides, if you haven't registered, you really should. It's quick and it will make your life a little better. Trust me. So just register and make yourself at home with like-minded individuals who share either your morbid curiousity or sense of gallows humor.
