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Bus Accident Injuries
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Brain Injury In Bus Accidents
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Brain Injury Law Group
Attorney Gordon S. Johnson, Jr.
212 Whitetail Run Ln.
Sheboygan, WI
800-992-9447
Two Buses and Semi Collide in Chain Reaction Accident in Gray Summitt, Missouri
As I write this, it is way too early to tell where the entire fault for the chain reaction crash involving two school buses from St. James, Missouri, but it is seems clear that some fault my lie with the drivers of each bus. You don't rear end any vehicle if you are driving a safe following distance. Knowing that you are driving a bus, loaded with children makes that duty even greater. Buses don't stop as fast as pickups. You must plan for that.
While Missouri has limited sovereign immunity, that immunity according to case law, does not apply to the drivers of the vehicles themselves, see the case of Cole v. Warren County R-III School District,. 23 S.W.3d 756, 760 ( Mo.App. 2000). In that case, the Missouri court held:
"Sovereign immunity is uniquely applicable to governmental entities and is not transferable to an agent of that entity. Rustici v. Weidemeyer, 673 S.W.2d 762, 768 (Mo. 1984). This principle was followed in Yount by Yount v. Board of Educ. For City of St. Louis, 712 S.W.2d 455 (Mo. App. E.D. 1986). In Yount, the Board of Education and the school principal were sued when a child was injured because of a dangerous condition on the school property. Id. at 456. The Yount court found the principal could not utilize sovereign immunity as a defense because that defense is uniquely applicable to the governmental entity; i.e., the School Board, and is not transferable to an agent of that entity. Id.
"Here, the School District's immunity is waived under Section 537.610(2), RSMo 1994, up to $100,000. By statute, the School District has sovereign immunity for claims over that amount. This immunity is uniquely applicable to the School District and is not transferable to John Bass as an agent of the School District."
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