CLARKSVILLE, Tenn. (WTVF) — Months after a deadly school bus crash killed two Clarksville students and injured several others, a new federal court filing is creating another legal battle for the families affected.
The Clarksville-Montgomery County School System says Tennessee law caps its total liability for death and injury claims stemming from the March crash at $700,000 combined. The district is asking a federal judge to take control of that money and determine how it should be distributed among people with valid claims.
Attorney Rocky McElhaney, who represents six families affected by the crash, sharply criticized the filing.
“What this does is treat these families that have been hurt like the enemies. This lawsuit treats the families like enemies. It's basically a dump-and-run. Clarksville has just put money into the court system and says we're out. Leave us alone," said McElhaney.
Attorneys with Morgan & Morgan are also pushing back on the school system's legal actions.
In a statement provided to NewsChannel 5, John Morgan, founder of Morgan & Morgan, and attorney Susan Neal Wiley said:
“Morgan & Morgan views the actions filed by the Clarksville Montgomery School System (CMCSS) as yet another attempt on their part to prevent the families who were impacted by this tragic crash from gaining the answers as to why and how this happened. We are committed to fighting both the Interpleader Action and resisting the Motion to Stay in the State Court, so that we can move forward in uncovering what happened and holding the individuals allegedly responsible for this event accountable to answering questions about this incident. The Davis family and others are rightfully angry and upset by these actions from CMCSS, and Morgan & Morgan will not stop until justice is achieved.”
The Clarksville-Montgomery County School System describes its position differently. In its federal complaint, the district says it faces multiple competing claims against what it considers a limited fund and wants a federal judge to determine how the money should be allocated. The district has also said it is not conceding liability.
“When you're talking about the life, the loss of the life of a child, no amount of money can be. But many of these families have orthopedic traumatic injuries, and these children will never get over these injuries for the rest of their life," said McElhaney.
The legal fight comes after families have spent months describing the physical, emotional and financial toll of the crash.
MORE COVERAGE: New legal filings in the lawsuit over the Kenwood bus crash show how CMCSS is responding to accusations
MORE COVERAGE: Tenn. Highway Patrol releases driver details in fatal Kenwood Middle School bus crash
Back in September, Xaviel Lugo, whose daughter was on the bus, told NewsChannel 5 about the impact on his family.
“It's turned our lives upside down,” Lugo said. “Appointments after appointments.”
McElhaney said his clients want more than financial compensation.
“My clients want to ensure that proper safety rails are put into place, so this never happens again.”
The crash happened in Carroll County while a school bus was transporting students from Kenwood Middle School to a class competition.
The bus crossed into oncoming traffic and collided with a Tennessee Department of Transportation dump truck and a Chevrolet Trailblazer. Two eighth-grade students, Zoe Davis and Arianna Pearson, were killed. At least seven people, including the bus driver, were reported injured.
Bus driver Ducksworth was later indicted on charges related to the crash, including failure to exercise due care and driving on roadways laned for traffic. A grand jury did not indict Ducksworth on a vehicular homicide charge.
Now, federal action does not determine who was responsible for the crash. Instead, the Clarksville-Montgomery County School System argues its total liability under Tennessee law is capped at $700,000 for the death and injury claims arising from the crash. The district wants to place that money with the court and have a federal judge determine how it should be divided among competing claims.
The district is also asking the court to prevent further litigation against the district over the matter and to release it from additional liability related to the crash.
McElhaney said his legal team is still evaluating its options. Morgan & Morgan has separately said it plans to fight the interpleader action and oppose the school system's effort to stay the state court proceedings.
Do you have more information about this story? You can email me at Patsy.Montesinos@NewsChannel5.com
Our viewers are the best! When Hannah McDonald highlighted the plight of Serenity Sumler, so many of you immediately stepped up. Serenity stopped to help a driver after spotting a wreck and was hit by another car, resulting in terrible injuries. Without the funds to pay for physical therapy, she was at a loss. Because of the kindness of others - she now can rehab and get back to school. Best of luck to her as she trains to become a chef!
- Carrie Sharp
