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Murphy, Falcon & Murphy and Schochor, Federico & Staton File Class Action Lawsuit in Baltimore School Bus Tragedy

Posted in In The News,News on May 5, 2017

Bus AccidentOur legal team at Murphy, Falcon & Murphy, together with the law firm of Schochor, Federico & Station, has filed a class action lawsuit on behalf of victims who suffered damages in a tragic Baltimore school bus crash in November of 2016. The November tragedy involved a horrific incident that took place when an AAAfordable school bus rear-ended a passenger vehicle, crossed into oncoming traffic, and collided with a Maryland Transit Administration (MTA) bus. Six victims, including the bus driver, were killed in the crash.

The lawsuit was filed Wednesday afternoon in the Circuit Court for Baltimore City against Concentra Health Services, and AAAfordable Transportation and its owners and operators. Concentra Health Services is the health care provider that, just months before the accident, cleared the bus driver to operate a commercial vehicle despite his pre-existing hypertension, diabetes, and seizure disorder.

In the lawsuit, our legal team alleges that Concentra was negligent in medically clearing the bus driver, and that the health care provider knew, or should have known, of red flags in his medical and driving history. This includes over a dozen commercial driver’s license (CDL) suspensions, evidence that he had suffered multiple seizures, and records of at least four wrecks or incidents where he had lost consciousness due to a seizure while operating a personal vehicle or school bus. Had Concentra performed a reasonable inquiry into the driver’s record per their legal duty, we allege in the lawsuit, it would have not cleared the driver who caused this preventable crash.

In addition to naming Concentra as a defendant, the class action lawsuit also names the school bus operator, AAAfordable Transportation, for its failures to ensure its employee was properly medically certified and that he held a valid CDL when operating a commercial vehicle. We also argue that AAAfordable negligently retained the driver and allowed him to continue transporting children despite his suffering of a seizure-like episode on the job a week before the accident.

Our firm understands that while few things can provide recompense when such tragedies occur, victims affected by this incident have the right to pursue the justice and compensation they deserve. In addition to making their voices heard and holding the defendants accountable for the harm their negligence caused, we also intend to leverage the power of the civil justice system to bring closure to our clients and set an example that deters others from taking shortcuts at the expense of public safety.

You can learn more about the lawsuit and our firm’s involvement by viewing thisCBS Baltimore article or reading thecomplaint.