Third suit filed in fatal bus crash

School bus driver alleges intoxication assault, more

A third lawsuit was filed Monday in Texarkana federal court concerning a fatal collision in March between an 18-wheeler and a school bus carrying members of the Mount Pleasant, Texas, boys track team.

Texarkana lawyer Hawley Holman filed a complaint Monday on behalf of Carl Van Bowen, the driver of the school bus struck when a big rig being driven by 49-year-old Bradley Farmer veered into the bus’ lane. Farmer and coach Angelica Beard, 30, who was following the bus in a private car, were killed. Bowen and more than a dozen children were injured. Holman said Bowen’s injuries were multiple and severe.

“He’s lucky to be alive,” Holman said.

The complaint Holman filed Monday accuses Farmer, who was driving for defendant Rooney Trucking, of committing intoxication assault. An autopsy report released Friday shows Farmer had methamphetamine in his system at the time of the deadly crash.

The two earlier suits filed in connection with the crash on behalf of student ath-

letes and their parents do not allege Farmer’s intoxication, but those complaints can be amended. All three cases and an action filed Friday by Rooney Trucking’s insurance carrier, Acuity Mutual Insurance Co., are pending before U.S. District Judge Robert Schroeder III in the Texarkana Division of the Eastern District of Texas.

All three of the lawsuits filed on behalf of crash survivors accuse Missouri-based Rooney Trucking of being negligent in various ways. Holman’s complaint filed on behalf of Bowen and his wife is the only complaint thus far to allege intoxication assault and violations of trucking rules established by the Federal Motor Carrier Safety Regulations.

Holman is seeking to recover damages for Bowen’s pain and mental anguish, physical impairment, disfigurement, lost wages, loss of earning capacity and medical expenses. Bowen’s suit seeks to recover exemplary and punitive damages as well.

Rooney has filed an answer to one of the suits. The reply shifts blame to the Mount Pleasant Independent School District and Durham School Services, a company that managed the district’s busing the night of the fatal crash. Rooney’s answer states the students’ injuries could have been lessened or avoided altogether if the bus had been outfitted with seatbelts.

Acuity filed a complaint Thursday asking for the court’s help in determining who should receive payments under the policy, which has a $1 million-per-accident limit. Acuity’s filing states the company is willing to deposit $1 million in the court’s registry and to abide by the court’s order in dividing the available insurance settlement.

“Acuity believes that dozens of potential claimants exist who are or who will be seeking personal injury and property damages as a result of the accident. At least two lawsuits have already been filed,” Acuity’s complaint states. “Since the accident, Acuity and Rooney have received numerous competing claims to the policy’s proceeds, and Acuity has reason to believe that additional claimants exist, all of whom may eventually seek recovery of the policy’s proceeds. The proceeds of the policy are inadequate to satisfy the claims. Moreover, even if adequate, Acuity does not know how to divide the proceeds among all the claimants.” llarowe@texarkanagazette.com