Gateway student files suit over beating on school bus
A Gateway High School student who said he was assaulted last year during a bus ride home has filed a lawsuit against another student and the school bus company.
Michael McKinzie Jr. of Monroeville said Harvey Hicks Jr. of Verona assaulted him on March 30, 2017, on a Student Transportation of America bus.
Mr. McKinzie said in a lawsuit filed Friday in Allegheny County Common Pleas Court that Mr. Hicks began to harass him and tried to grab his cell phone on the bus ride home that day.
Mr. Hicks eventually got the phone and attacked Mr. McKinzie as he attempted to get it back, according to the lawsuit.
“Hicks ... carelessly escalated the situation to a physical level which occurred over a period of time and caused [Mr. McKinzie] to sustain a series of injuries about his head and body,” the lawsuit said.
Mr. McKinzie suffered injuries including a traumatic brain injury, facial contusions and vision changes, some of which are permanent, the suit says.
The injuries have resulted in concentration problems, headaches, social anxiety, sensitivity to noise, sleeping problems and other issues, the suit says.
The lawsuit also targets
Student Transportation of America, claiming the bus driver, William Miller, did nothing to stop the assault.
“Upon information and belief,” the lawsuit said, “Miller was aware that [Mr. McKinzie] was being physically injured by defendant Hicks’ negligent behavior but made no effort to defuse the situation or otherwise intervene or obtain assistance with an intervention or take steps to secure much needed aid for [Mr. McKinzie].
“Instead, as [Mr. McKinzie] lay bleeding profusely over several school bus seats and the floor of the aisle, Miller proceeded to drive the scheduled route and drop all five of the other students off at their scheduled stops — including defendant Hicks.”
The lawsuit said Mr. Miller neither called 911 nor alerted emergency personnel about the fight.
When Mr. McKinzie got home, his mother, Dana McKinzie, took him to the Monroeville police station to file a report. Officers told him to get emergency room treatment before completing a report, according to the lawsuit.
Online court records show Monroeville police charged Mr. Hicks with aggravated assault, robbery, terroristic threats, simple assault and strangulation. He was found guilty in February of simple assault and was sentenced to two years of probation.
The lawsuit seeks monetary damages plus costs and interest.
Mr. Hicks is 19. Mr. McKinzie’s attorney, Brendan Lupetin, said Mr. McKinzie is in college. Neither the two of them nor the bus company could be reached for comment Friday.