The parents of a 14-year-old girl injured when the bus carrying her and dozens of other members of her high school band overturned last month plan to sue their Long Island school district, accusing it of negligent hiring of the bus company despite its history of safety violations.
Kimberley and Corey Ellis filed a notice of claim against the Farmingdale school district, alleging negligence in the bus crash that killed two teachers and left five students in critical condition.
Farmingdale school officials have hired Nesconset-based Regency Transportation LTD, which has been cited for federal safety violations more than two dozen times — and was on a recent “unacceptable operator” list.
The Ellises are seeking $10 million for injuries including broken ribs, lung damage, head injuries and disfigurement to the couple’s saxophone-playing daughter, along with $2 million in damages to her parents and the cost of her medical and psychological treatment, according to the notice was obtained by The Post.
“Schools have a responsibility to act when students are in their care, and they failed to do so,” Jared Cooper, a partner at Manhattan-based Robinson Yablon Cooper & Bonfante, LLP, told The Post.
Kimberley and Corey Ellis filed a notice of claim against the Farmingdale school district after their 14-year-old daughter was injured in a bus crash.Facebook / Kim Ellis
He claims Farmingdale “recklessly” failed to tell parents that Regency had been placed by New York state on a list of “unacceptable operators” and failed to ensure the buses were “safe and properly owned.”
The notice of claim also argues that the district did not properly train staff in safety procedures and did not require students to wear seat belts, Newsday reported.
Cooper also added that the bus company was “underinsured to carry 30 students” and would not have “sufficient insurance” to cover all claims – which he said would be a key argument in the Ellises’ lawsuit.
A notice of claim is required when a public entity is sued.
Lawsuits against the Farmingdale school district and Regency Transportation will be filed.
The couple claims Farmingdale school officials were negligent when they hired Nesconset-based Regency Transportation, LTD. DANIEL WILLIAM MCKNIGHT
The bus company has been cited for 25 violations since 2021 — failing five inspections in fiscal year 2023, according to records from the Federal Motor Carrier Safety Administration.
Among the violations were “defective bus emergency,” “brake lights inoperable” and “headlamps inoperable,” as well as oil and grease leaks, according to agency records.
Regency was placed on the state’s latest “unacceptable operator” list for failing inspections, according to lohud.com.
Despite last year’s violations and accidents, the company still has “valid operating authority from the State Department of Transportation and valid semi-annual inspections,” officials said, noting that the unidentified driver from the accident was also “properly licensed.”
Regency Buses had been cited for federal safety violations more than two dozen times before last month’s fatal crash.©New York PostThe crash killed two beloved teachers and left five students in critical condition.©New York Post
The Post has reached out to the Farmingdale School District and Regency Transportation for comment.
In an unsigned statement to Newsday, school officials said lawyers advised them not to comment on the lawsuit.
“Our focus has been, and will continue to be, on doing whatever we can to bring our community together and provide resources that will help us all cope with the emotions and trauma associated with this tragedy, individually and collectively.”
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Source: thtrangdai.edu.vn/en/