Family of boy in school bus crash files suit

LIBERTY, Mo. -- The family of a 6-year-old who suffered "catastrophic" injuries in a May 9 school bus crash that killed two motorists and injured dozens of children has filed a civil lawsuit against the school district, the bus driver and six companies involved in some way with the bus.

Andrew Hubbard, who was a kindergartener in the Liberty School District, was listed Friday in fair condition at Children's Mercy Hospital in Kansas City. His parents filed the lawsuit Thursday in Clay County Circuit Court.

Another young boy who was injured in the crash at a busy intersection in this Kansas City suburb also was listed Friday in fair condition.

Twenty-three children and the bus driver were injured when the bus swerved to the right at the intersection and hit two vehicles that were stopped for the traffic light.

The drivers of those two cars, David Gleason, 53, of northern Kansas City, and David Sandweiss, 49, of Liberty, were killed in the collision.

The driver, Irma Denise Thomas, said the air brakes failed and she couldn't stop the bus in time to avoid the crash.

Court records indicate the Hubbard suit is the first to be filed on behalf of a student involved in the collision.

According to the suit, Andrew Hubbard suffered an open skull fracture that left his brain exposed. The suit says he also suffered multiple facial fractures, a broken right clavicle and numerous internal injuries. It says he has permanent disabilities and disfigurement as a result of the crash.

The 77-page lawsuit says Andrew was sitting in the front seat opposite the driver's side, and was flung across the aisle by the impact. He was found unconscious beneath the driver's seat, near the floor pedals, the suit says.

His 9-year-old brother, Matthew, also is listed as a plaintiff. His injuries included a sprained knee and ankle, plus mental anguish for seeing the extent of his younger brother's injuries.

Named as defendants in the lawsuit are the Liberty Public School District; Thomas, the bus driver; Bendix Commercial Vehicle Systems, which recalled the original brake system on the bus; Thomas Built Buses, which manufactured the bus; its parent company, Freightliner LLC; Cummins Mid-America, which sold and serviced the electrical system on the bus; Midway Ford Truck Center, which did repair work on the bus; and Midwest Bus Sales, which also did some repair work.

Anita Porte Robb, who is representing the Hubbards in the suit, said the bus did not have proper seat restraints, lap belts or shoulder belts. She said Andrew's seat was unpadded and exposed to metal areas that gave no protection from impact.

"We question why Andrew's seat was not entitled to the same protection as other students on the bus," Robb said. "The people that designed and sold the bus provided a product that was not safe. Every child seated in a bus should be equally safe on that bus."

Robb and her husband, Gary C. Robb, also represent Gleason's family in a wrongful-death lawsuit filed earlier this month against the same defendants.