The Oklahoman

School to pay $1M over bus crash

- BY TIM WILLERT Staff Writer twillert@oklahoman.com

NORMAN — Norman Public Schools is asking a court to decide how to divide $1 million in insurance proceeds among the victims of a rollover crash that injured 27 people, five seriously.

The bus was carrying 24 fifth-grade girls and three adults from Cleveland Elementary to Sea-World in San Antonio when the crash occurred about 3:15 p.m. Sept. 29 near Lampasas, about 61 miles northwest of Austin.

The district and the district's insurance provider made the request in a petition filed this week in Cleveland County District Court. The parties are asking the court to appoint a special master to distribute the money, which represents the maximum amount of coverage carried by the district.

State law caps the district's total liability at $1 million for all claims arising from a single incident. The limit for individual claims is $125,000.

"Because of the nature of the accident, the statutory damage cap, and remaining available plan coverage limits, conflictin­g claims exist which place Norman Public Schools and the Oklahoma Schools Risk Management Trust at risk for multiple liabilitie­s that exceed the statutory or coverage limits," the petition states.

In a statement, Norman Public Schools Superinten­dent Nick Migliorino said the court’s involvemen­t assures that all claimants will receive "fair and impartial treatment and that all claims will be administer­ed with full considerat­ion of each child’s injuries and damages."

"While we anticipate that in most instances there will be ample funds for the claimants, we also recognize there may be exceptions and that determinat­ions regarding the $125,000 per claimant limit may benefit from the court’s involvemen­t and oversight in the distributi­on of the $1,000,000 available," Migliorino said.

Cleveland Principal Ty Bell was driving the bus in the rain when it hydroplane­d and crossed into oncoming traffic, according to a Texas Department of Public Safety report.

Bell "lost control and overcorrec­ted to the left," causing the bus to skid into a ditch and roll over, according to the report. Unsafe speed and faulty evasive action were listed as contributi­ng factors.

Bell was the only one wearing a seat belt and was not injured in the crash, which seriously injured three students and two teachers, according to the report.

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