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Tree service sues Bauxite district over bus driver's actions |
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Thursday, 28 June 2007 |
Parsons & Son Tree Service is suing the Bauxite School District, one of the district’s employees and the Arkansas School Boards Association Risk Management Program for damages that owner Mike Parsons contends occurred to a tree service vehicle because of a mishap involving a Bauxite school bus.
The school employee named as a defendant is Bill Russell, who was driving the school bus involved in the April 26 incident that led to the lawsuit.
According to Parsons, around 7:40 a.m. that day, George Brooks, a Parsons & Son employee, was operating a truck owned by the plaintiff while northbound on Aaronfield Road in Benton.
The suit states that Brooks was using reasonable care and driving within the 30 mph speed limit when he encountered a southbound school bus operated by Russell on Aaronfield.
The plaintiff states that the bus was traveling in excess of the posted speed limit and left the center line of the roadway. As the bus approached the truck, it left insufficient room for the truck to safely travel to the left of it and Brooks was forced off the road, the complaint states.
Brooks was able to avoid a collision with the bus, which was loaded with school children, the suit notes. However, because the Parsons driver had to drive off the roadway, the truck collided with several large trees alongside the road, the suit states.
The plaintiff contends that Russell was aware of the accident caused by his alleged actions, but did not slow down or stop to help Brooks. He contends that Russell increased his speed and disregarded a stop sign, leaving the scene of the accident.
Parsons & Son Tree Service accuses district officials of attempting to conceal their involvement in the incident and says they have refused to cooperate in the repair of the Parsons vehicle.
The plaintiff accuses Russell of having a duty and an obligation to use reasonable care in the operation of the bus he was driving and states that he breached this duty by traveling at an excessive rate of speed; failing to keep a proper lookout; failing to stay to the right of the center line; and failing to observe traffic regulations.
The plaintiff states that $12,500 in damages occurred to his company truck, with an additional $35,000 in revenue lost because of the loss of use of the truck in the plaintiff’s business.
Parsons seeks $47,500 in total damages and asks for a jury trial.
Parsons said a surveillance videotape of the incident from a camera in the tree service truck supports Brooks’ account of the incident. That tape was provided to Bauxite school officials, he noted.
Mickey Billingsley, superintendent of the Bauxite School District, said the matter has been “turned over to our insurance carrier and we’ll have to see what happens.”
Billingsley called the issue “unfortunate,” but says he supports the district bus driver’s account of the incident. “I have seen the tape and I don’t think we did anything wrong. I understand that Mr. Parsons feels differently.”
Perry Y. Young of Jensen Young & Houston is representing the plaintiff in the litigation.
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