SALYERSVILLE – Another civil suit has been filed against the bus driver and school officials regarding the Rt. 40 bus wreck that occurred on November 14, sending all 18 students and the driver to hospitals.
On Monday, November 14, just after 7:20 a.m., first responders were called to a bus wreck on KY Rt. 40 near the Tackett Bottom, where a Magoffin County Schools bus, driven by Wanda Bailey, went over an embankment, striking a utility pole and landing on its passenger side. All occupants and the driver were taken to hospitals for treatment, with seven students and the driver remaining hospitalized for at least a week. Many of the students and the driver sustained serious injuries, some of which are reportedly expected to have long-term effects from the wreck.
Last week, on February 28, Bates & Slone Attorneys at Law, out of Hindman, filed the fourth civil case concerning the bus wreck, representing one of the students injured in the wreck and filing the complaint against the bus driver, Wanda Bailey, Magoffin County Schools Superintendent Chris Meadows, and Magoffin County Schools Director of Transportation Jeff Carpenter.
The suit alleges that Bailey operated the bus in a “grossly negligent and reckless manner; failed to keep the vehicle under reasonable, safe and proper control; disregarded the rights, safety and position of others; failed to keep a proper lookout and pay proper attention; and generally failed to exercise the degree of care required. These acts and failures to act of the Defendant, in operating the aforesaid school bus were done carelessly, grossly negligently, recklessly, and unlawfully in total disregard for the safety of Plaintiff, and were a substantial factor leading to the collision on November 14, 2022, which resulted in the injuries to the Plaintiff complained of herein.”
As for the two school officials named in the case, the suit claims they had received complaints about the “unsafe driving habits and conduct” of the driver prior to the wreck, which evidenced a “disregard for the safety and welfare of the students entrusted to her care, as well as the public in general.” They claim that the school officials should have been aware that she “was unfit to continue in the position as a school bus driver for the Magoffin County Board of Education,” and by not acting on that information they were in violation of the policies and procedures of the school district, as well as the state and nation, according to the suit.
The plaintiff is asking for compensatory damages against the defendants for the student’s medical expenses, pain and suffering, loss of enjoyment of life, loss of earning capacity, including loss of household services; punitive damages for the gross negligence and reckless conduct; attorney fees; interest at the legal rate on the sums recovered; a trial by jury as to all claims; and for all other relief, including costs incurred herein, to which the plaintiff may be entitled in law or in equity.
Prior to this filing, three other cases have been filed related to the November 14 bus wreck, with eight students of the 18 on board now represented in the four civil suits. Important to note, these are all civil lawsuits in Magoffin Circuit Court, not criminal cases. Claims made in these cases are allegations only, with no court ruling verifying or negating any of the accusations at this time. No one has been criminally charged at press time in relation to this bus wreck.
A motion hour hearing is set in two of the four cases for March 16 at 9 a.m.
