Personal Injury
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April 17th, 2006

"Students in Bus Accident File Multimillion Dollar Suit"

Eight West Virginia students who were involved in a school bus accident last week filed a lawsuit Monday claiming the driver of the truck that hit them was under the influence of drugs and his employer was aware of it.

The lawsuit names the driver, Bruce W. Collins, and his employer Asplundh Tree Expert Co. as defendants. According to the suit, most of the students on the bus were from a local high school, but some were third and fourth grade gifted students. The bus was on its way to the Mingo County Career and Technical College in Delbarton, W.Va. when a “large commercial truck” crashed into the bus.

The lawsuit alleges Collins was driving an Asplundh truck when he “negligently, recklessly, willfully, wantonly, and intentionally caused the truck to cross the centerline of Route 65 and collide head-on with the Mingo County School Bus in which the plaintiffs were passengers.”

According to the suit, Collins was “operating the Asplundh truck under the influence of cocaine, marijuana, and prescription drugs.” He failed drug tests administered after the accident.

Plaintiff attorney Ben Salango claims Collins’ employer was aware that he was driving under the influence. “Asplundh knew he was using drugs and alcohol on the job months before his accident and did nothing,” Salango said.

The suit alleges Collins “regularly arrived at work under the influence of illicit drugs and alcohol.” Additionally, the suit claims Asplundh disregarded reports about Collins’ behavior from other employees and failed to discipline him or offer him treatment for drug and alcohol abuse.

The lawsuit alleges that Asplundh allowed Collins “to act in a supervisory capacity and to operate a large commercial truck on public roads.”

The plaintiffs seek compensatory damages from Asplundh and Collins for the damages they suffered including physical pain and suffering, mental aguish and suffering, permanent physical injuries, lost wages, past and future medical expense, and loss of capacity to enjoy life.

Furthermore, the plaintiffs seek $10 million in punitive damages. “The punitive damage request is a big one, but I think it’s a reasonable one under the circumstances,” Salango said. “You’ve got a company that we claim knew about the problem and did nothing. You’ve got a driver who was under the influence at 8 o’clock in the morning and hit a school bus for of kids. “It’s not only to compensate those injured, but to punish the defendants and to keep this from happening again.”