A second lawsuit has been filed in a Dec. 5, 2018, crash involving an Indiana school bus and a flatbed truck that took the life of a 13-year-old student.
The accident occurred when the driver of the school bus, 54-year-old Cheryl Warner, stopped the bus at a railroad crossing, as required by law. A flatbed truck driven by 26-year-old Tylor Perry rear-ended the bus as the bus began to accelerate across the railroad crossing. The accident visibly crushed the back, left side of the vehicle, killing Owen Abbott, who was seated in the back of the bus.
The bus from Eastern Pulaski Community School Corporation was filled with 38 eighth-graders, three chaperones, and the school bus driver. Students were headed on a school field trip to see “Elf The Musical” in Marshall County, Indiana. A 14-year-old boy was also injured in the accident and airlifted to a hospital in South Bend with non-life-threatening injuries.
The lawsuit was filed on behalf of bus rider Krista Despot against Perry and his employer, National Construction Rentals, doing business as National Rent-A-Fence Co. The lawsuit alleges Despot suffered physical and mental injuries that may be permanent, along with pain and suffering due to Perry’s carelessness and negligence. His employer is liable for the negligence of its employee, the lawsuit states.
Despot’s lawsuit is the second filed alleging Perry’s negligence and National Rent-A-Fence Co.’s liability. Abbott’s mother filed a wrongful death lawsuit shortly after the accident occurred.