NATIONAL COALITION OF SCHOOL BUS SAFETY NEWS 2006

School Bus Accident Setback in Bentonville Lawsuits
July 7, 2006

BENTONVILLE — One student died and several others were injured in a 2003 Siloam Springs school-bus accident.

On Thursday, families were left with no legal remedy when Circuit Judge Jay Finch dismissed 11 lawsuits against the school-bus manufacturer.

The school-bus driver, the Siloam Springs School District and the state of Arkansas all had immunity, which prevented each from being sued in connection with the accident.

The accident occurred on May 19, 2003, when a bus with 44 students aboard ran off Arkansas Highway 16 near the Illinois River. The bus went down an embankment, then landed on its side.

Jessica Price, 14, was killed in the accident.

Meng Vang, 10 at the time, was paralyzed from injuries he suffered in the crash.

The suit was filed on behalf of Price, Vang and nine other injured students. Eleven other students were also injured in the accident.

The suit claimed that the bus manufacturer and distributor — Thomas Built Buses Inc. and Merl’s Bus Sales — were negligent for a defective design that did not include seat belts. The case was scheduled to go to trial next week.

Finch listened to oral arguments Thursday morning on whether to grant a summary judgment to Thomas Built Buses and Merl’s Bus Sales.

Finch said Arkansas legislators, in 1984 and 1993, found there was insufficient reason to order that seat belts be placed on school buses. Arkansas is unlike other states because legislators had looked at the seatbelt issue.

Finch said it is a difficult issue because a situation was created in the litigation that deprived litigants of a place to go for a remedy.

“ We sympathize with the family and friends of those affected by this tragic accident, which was caused when some of the student passengers distracted the bus driver, resulting in the bus leaving the road, ” said Amy Sills, head of corporate communications of Freightliner LLC, which owns Thomas Built Buses. “ We are pleased the court agreed that it is unfair and inappropriate to hold liable bus manufacturers and their distributors for alleged design defects when the product meets federal safety standards and is, in fact, designed in accordance with state and local government purchasing specifications. ”

Sills said school buses are among the safest modes of transportation on the road today. “ According to NHTSA, 450, 000 public school buses travel more than 4. 3 billion miles to safely transport 23. 5 million children to and from school each year, ” she said. “ We are proud of the excellent safety record of our school-bus products. ”

Woody Norwood, one of the attorneys representing the bus manufacturer, argued that the company complied with the specifications for the school bus. Norwood said it would be unfair to hold the manufacturer responsible because the company complied with specifications.

Norwood told the court one seat belt had been installed on the bus for a student with a condition that required her to be restrained in a seat belt. The girl’s parents and the school district paid for the installation of the seat belt.

Norwood said the suit narrowly focused on the bus being defective and the manufacturer being negligent because seat belts were not in the bus.

Thomas Built Buses had buses with seat belts, which are required on school buses in four states. Other states made the same decision as Arkansas not to require seat belts on school buses.

Paul Housey, one of the attorneys representing the students and their families, claimed the suit was not about specifications but a company’s manufacturing school buses with minimum standards.

Housey said the issue is whether Arkansas tort law requires seat belts to be installed.

“ You think if the manufacturer put seat belts in buses, would Arkansas reject them ? ” Housey said. “ I don’t think so. ”

Housey said the Legislature may have given its minimum standards, which do not include seat belts, but it did not extend immunity to the manufacturers.

If the Legislature intended for bus manufacturers to have immunity, then the lawmakers would have stated it, Housey said.

Housey believed the issue was one for a jury to decide.

The judge said he was impressed with Housey’s arguments, but he had to rule against him.

Finch said he could not let the case go to a jury when he knew the Legislature took up the issue and seat belts are not required on school buses.

Mark Martin, another attorney for the injured students and their families, said it is the first time the issue has been addressed in Arkansas. Martin plans to appeal Finch’s decision on behalf of the families.

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