DRIVING THE INDUSTRY SINCE 1991
NEW JERSEY CONTRACTOR MUST PAY $3.75M FOR BUS DRIVER’S NEGLIGENCE IN ACCIDENT
After rejecting a
preliminary settlement of $125,000, attorneys representing Crystal Burkert of Gloucester County, N.J., announced that a jury awarded $5 million to the student who was struck by a drunk driver in 2007 when she was 17. Te defendant, Holcomb Bus Service, Inc., has not indicated if it plans to appeal.
Te Camden Coun- ty Superior Court jury
found the school bus contractor negligent in the accident that injured Burkert, now 22. “Te medical testimony presented at trial indicates
she suffers memory lapses and must deal with the pain every day,” said Michael H. DiGenova of Badey, Sloan & DiGenova.
According to court documents, plaintiff attorneys argued the Holcomb bus driver deliberately required Burkert to exit the bus about one-third of a mile from her home and walk down a high-speed, rural road with no sidewalks, rather than dropping her in front of her home. Tey alleged that Burkert had been dropped off at an unapproved, improper and unsafe location on Dec. 3, 2007, and was struck by the drunk driver while walking along this road. According to medical reports, she suffered pelvic fractures, back injuries and traumatic brain injuries. “Te defendant violated a fundamental rule of school
bus transportation by not dropping her off at her desig- nated stop,” said plaintiff attorney George J. Badey in his closing argument. “Parents entrust a school bus driver and its company with the safety of their child.” While attorneys for the defendant claimed the drunk
driver bore more responsibility, the jury apportioned 75 percent of the liability to Holcomb Bus Service and 25 percent to the drunk driver. Tus, Holcomb is respon- sible for $3.75 million of the $5 million verdict, plus interest, Burkert’s litigation costs and attorney fees.
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www.stnonline.com 33
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