NATIONAL COALITION OF SCHOOL BUS SAFETY NEWS 2005

Jury awards $1M for girl’s death
School district, bus driver admitted they were negligent
September 9, 2005

HILLSBORO - The family of a 14-year-old girl who died from injuries suffered in the Aug. 27, 2003, crash of a Vandalia school bus was awarded over a million dollars in damages by a Montgomery County jury Thursday.

Shawna Ward a seventh-grader from Fillmore, was pinned by the overturned bus after it went off Burg Road south of Fillmore and rolled down into a deep ravine.

After the bus was lifted by rescue workers, the injured girl was airlifted to Memorial Medical Center in Springfield, where she died two days later when life support was ceased.

Deborah Ward, 39, of Brownstown, as administrator of her daughter’s estate, was plaintiff in the lawsuit alleging negligence and wrongful death filed against Vandalia Community Unit School District and Eugene Rogers, driver of the school bus.

Prior to this week’s two-day jury trial, both the school district and Rogers had admitted negligence and agreed on the cost of medical services and burial expenses, $130,118.69.

It was the jury’s decision to determine dollar amounts to award for pain and suffering experienced by Shawna prior to her death (verdict, $75,000); for loss of benefits and services to next of kin (verdict, zero); and for loss of society, love and companionship (verdict, $800,000).

The plaintiff’s attorney, Bruce Cook of Belleville, called three witnesses.

Mike Sasse, 27, of Brownstown, a Fayette County Hospital paramedic, said Shawna was conscious and yelling about her pain when he arrived at the scene at 7:53 a.m. He said the girl’s lower body was under the bus, and her blood pressure was too low to administer any pain medication.

The bus was raised and Shawna was freed at about 8:20 a.m. Sasse testified that the girl became unresponsive as she was being lifted out of the ravine on a backboard and rushed to the medical evacuation helicopter.

Deborah Ward testified that Shawna did respond by shaking her head while she was in the hospital but was unable to speak due to the respiratory tube.

She and her husband, Danny Ward, told jurors their daughter was a free spirit, a happy girl who loved animals.

No witnesses were called by attorney Mark Bauman of Belleville, representing the school district, nor attorney Stephen Kaufmann of Edwardsville, representing Rogers.

Attorney Barbara Adams of Hillsboro was co-plaintiff’s counsel, and Judge Mark Joy presided.

By NANCY SLEPICKA

back to News

top