Suit: Driver careless, employer negligent in fatal bus crash

The mother of an 8-year-old boy who suffered injuries in this week's fatal Chattanooga school bus crash alleges the driver was reckless and careless and the company that employed him lacks proper safety measures with its fleet and personnel.

Kimberly Boling, the mother of Jamar Boling, filed a lawsuit Wednesday afternoon in Hamilton County Circuit Court.  She names driver Johnthony Walker and his employer Durham School Services LP as defendants.

The document seeks unspecified damages at a jury trial.

Jamar suffered psychological and unidentified physical injuries that may be permanent as a result of the Tuesday afternoon crash off a Brainerd area road, the lawsuit states. Five children died in the crash and about a dozen suffered injuries.

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More: Remembering the crash victims

Thirty-seven children including Jamar were on it when it ran off the road.

According to the lawsuit, Walker was "driving too fast, lost control of the bus, which caused the bus to flip onto its side, strike a tree and strike an occupied house."

Walker already faces five counts of vehicular homicide in the crash.

Boling's lawsuit accuses Walker of being negligent and careless and of failing to keep "a proper lookout ahead in the direction in which the defendant was traveling."

The document also accuses the Illinois-based Durham, which serves Hamilton County Schools, of failure to use policies to ensure drivers are properly hired and trained.

Lawsuits are highly likely as a result of the crash. Most, however, typically are filed closer to the one-year anniversary of the event itself.

Federal authorities have just begun their investigation into what happened.


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