Trial Magazine

Doe was traveling in his light-duty truck on a northbound four-lane roadway. A line of school buses was headed in the opposite direction on their way back to a bus yard. At an intersection, one of the buses crossed over the northbound lanes, followed by a second bus. Unable to stop, Doe’s truck collided with the middle of the second bus. Doe suffered serious injuries, including a brain injury, and he died at a hospital 10 days later. He is survived by his spouse, two children, and parents.

Doe’s survivors sued the bus company, alleging it was vicariously liable for its bus driver’s negligence in failing to yield to Doe. The plaintiffs also asserted that the defendant failed to implement and enforce policies and procedures to ensure bus drivers strictly adhered to their routes. Suit claimed that the negligent driver here had been assigned to a route that avoided the roadway where the crash occurred.

The parties disputed choice of law and the proper plaintiffs to be joined under the applicable wrongful death statute, among other issues.

The parties settled for $7.1 million.

Citation: Doe v. Roe Bus Co., Confidential Dkt. No. (Mo. Confidential Ct. Apr. 9, 2024).

Plaintiff counsel: AAJ members Michael S. Meyer, Michael C. Rader, and Austin Green, all of Leawood, Kan.; and Richard Fisk, Overland Park, Kan.