National Coalition For School Bus Safety

NATIONAL COALITION OF SCHOOL BUS SAFETY NEWS UP TO DEC. 2003

Family seeks $5 million in school bus death

SALISBURY -- The Wicomico County school bus driver charged with traffic violations in a fatal accident involving a 4-year-girl is also a defendant in a $5 million wrongful death lawsuit.

Charles Wesley Handy, 62, of Salisbury was charged in April and was scheduled to appear Wednesday in Wicomico County District Court on two traffic citations -- negligent driving and failure to exercise due care to avoid a pedestrian collision.

Court officials said Handy's no-show in court Wednesday and possible failure to pay the fines could ultimately lead to the suspension of his driving license.

Still, Handy faces a more serious legal challenge.

Handy, bus contractor Gerald B. Long and the Wicomico County Board of Education are being sued by the Jenkins family in a court filing claiming wrongful death and negligence. The civil lawsuit was filed in Wicomico County Circuit Court in March.

The lawsuit stems from a Jan. 23 accident in which Handy, a contracted school bus driver with the Wicomico County Board of Education, struck Jih'nae Jenkins with a bus after dropping her off near her Bailey Lane home.

Jenkins died at the scene, a few blocks from her home, Maryland State Police said.

The lawsuit claims the three defendants did not provide the proper training and equipment, including a swing-arm mechanism now planned to be installed on all Wicomico County school buses starting this fall. The suit claims the mechanism could have prevented Jenkins' death.

According to court documents, the suit asks for "the full amount of $5 million, plus interests and costs from the date of the decedent's death, or in such amounts permitted by law."

However, David Haynes, attorney for the Jenkins family, said the actual amount of the award could vary -- due to a state cap. But they are asking for compensation.

"We are seeking significant damages," Haynes said.

Both he and J. Michael Sloneker, who represents the county's Board of Education, said the civil case still is in its early stages.

Sloneker said he and the board members, along with Long and Handy, intend to contest the lawsuit.

"They've all filed an answer in court denying responsibility to the accident," he said.

Handy remains suspended from driving a school bus in the Wicomico County school system, said Allen Brown, assistant superintendent for Wicomico schools.

Brown said the school system's own investigation into the incident will not be complete until Handy's traffic charges have been settled.

Jenkins family members declined to comment Wednesday. Charles Handy and Gerald Long also could not be reached for comment.

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