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Warsaw Community School Corp. and WCS bus driver Mary Jane Prater are being sued.
Carl and Mary Joan Hughes filed the suit on behalf of their son, Blake Lance Hughes, because of injuries Blake allegedly suffered while on Prater's bus on April 26, 2004.
According to the lawsuit filed April 21, Blake, now 16, was a student at Lakeview Middle School at the time of the incident, Blake was riding on a bus driven by Prater. Prater was driving the bus east on Winona Avenue to Park Avenue, where the driver made a right-hand turn onto South Park Avenue and continued south to the intersection of South Park Avenue and Smith Street, bringing the bus to a stop. Prater then suddenly accelerated the bus "greatly from a dead-stop at said intersection, and turning left into the eastbound lane of said Smith Street, whereupon the driver, without notice, suddenly slammed on the brakes of the bus," the suit claims.
The sudden acceleration and sudden stop of the bus, according to the lawsuit, created such a great force that Blake was thrown "violently about the interior of the bus and coming in contact with parts of the interior of the bus, causing Blake physical injuries and harm." The lawsuit contends Blake's injuries are continuing and are believed to be permanent. It alleges the Hughes continue to incur medical expenses in the medical treatment for Blake's injuries as a result of the event.
The lawsuit alleges that as a result of the injuries sustained in the incident, Blake is not and will not be able to perform physically and engage in activities to the extent to which he was previously able to engage in. Blake "has sustained and continues to sustain physical and mental pain and suffering." As a result of Blake's injuries, the lawsuit contends Carl and Mary Hughes suffered in that they have incurred medical expenses and other expenses directly and indirectly related to Blake's care and treatment. Due to Blake's injuries, Carl and Mary Hughes suffered the loss of services and companionship of Blake.
The incident is a result of the negligence and recklessness of Prater, according to the lawsuit. Through January 2006, the Hughes have incurred more than $6,400 of medical expenses for Blake. They contend WCS and Prater are liable for all damages the Hughes suffered as a result of the event.
The Hughes are asking for judgment against WCS and Prater for past, present and future medical expenses, and medical services reasonable needed in Blake's care and treatment of his injuries suffered in the event, and for past, present and future physical and mental pain and damages including, but not limited to, loss of income, reduction of income earning ability and the value of the permanent injuries. The lawsuit also asks for damages Carl and Mary Hughes suffered.
Tort claim notice was given to the defendant Aug. 24, 2004.
WCS attorney Max Reed said Wednesday that the case is in the hands of the insurance carrier for WCS. It will be handled by their chosen attorney.
