The lawsuit, which was filed by Walter Chambers, the Soaring Heights Elementary third grader's father, claims the district failed to provide for the safety of its students in its decision on where to place a bus stop location which "exposed (Destiny Chambers) to the hazard of being struck by a motor vehicle."
According to authorities, a tractor-trailer unit driven by Lance Lee, 49, DeKalb, Illinois, struck the child and killed her. Lee did not stop until he reached Strafford and has been charged with felony leaving the scene of an accident.
The petition claims "Destiny Chambers was assigned to a bus stop location that exposed her to being hit and killed by a motor vehicle."
The second count claims district officials ignored complaints from parents about the safety of the pupils when they asked to have stops put on the residence side of the roadway.
Defendant showed complete indifference to our conscious disregard for the safety of its pupils in general, and Destiny Chambers in particular, when it failed to train its school bus drivers to establish residence-side stop locations.
At the time defendant established a bus stop location unsafe for its pupils, requiring pupils to cross a highway, including on the day of the collision, it knew, or should have known, it created a high probability of injury or death to their pupils in general, and to Destiny Chambers in particular, and thereby showed complete and reckless indifference to, and conscious disregard for, the safety of their pupils and thus warrants damaged based on aggravating circumstances.
Chambers is represented by the Hershewe Law Firm of Joplin.
Destiny Chambers' mother, Jennifer Leger, represented by Bradley Bishop of the Bishop and Hayes Law Firm of Joplin, filed a motion to intervene, asking to be included in the lawsuit.
On October 11, Judge Dean Dankelson dismissed an earlier wrongful death lawsuit filed by Chambers against the driver, Lance Lee, and the trucking company he worked for, USF Holland, at Chambers' request, though it can be refiled.
At the time, Chambers was represented by Joplin attorney Anita Oakes, according to Jasper County Circuit Court records.
(Disclaimer: I am currently involved in a lawsuit against the Joplin R-8 School District.)
12 comments:
Money grab 101
As it should be
Raise your hand if you didn't see this coming...
Opportunistic blood sucking lawyers
I told everyone it was a USF Holland truck!
Common sense that it was dangerous.
Different outlook if its your child
For all those talking trash. Obvious this could've been prevented
The parents should of been walking her to school they should be sued by the city for not safely getting her to the bus stop they need to take responsibility for there actions
Wow
Are you being serious??
Are you serious that they shouldn't be responsible?
Her mother and sister witnessed it. The child was told to slow down but she kept saying she would get in trouble for being late. This is crazy. The parents should not be held responsible
Ant nothing but money hungry I'm sorry ant no amount of money going to bring that little girl back but filing a lawsuit come on like I said money hungry
Nothing but a money hungry mother!! Why don't she get a job instead of trying to get a handout for her child's death! Completely a tragedy about her daughter but money won't bring her back!!
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