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News (Media Awareness Project) - US AK: Injured Girl Awarded Millions In Bus Wreck
Title:US AK: Injured Girl Awarded Millions In Bus Wreck
Published On:1998-12-20
Source:Anchorage Daily News (AK)
Fetched On:2008-09-06 17:32:13
INJURED GIRL AWARDED MILLIONS IN BUS WRECK

An Anchorage Superior Court jury this week hit Laidlaw Transit Inc.
with a $3.5 million verdict in a lawsuit over a school bus accident in
which the driver tested positive for marijuana.

In addition to granting that amount to an accident victim as punitive
damages, the jury awarded the victim about $20,000 in compensation for
her injuries.

After picking up students in the Thunderbird Heights neighborhood in
Chugiak in November 1992, a Laidlaw bus slid out of control and landed
on its side in a ditch. One of the 15 passengers, 12-year-old Shawn
Crouse, suffered back injuries and headaches, said her attorney, Don
Bauermeister. Shawn and her mother, Gail Smith, filed the lawsuit in
1994 against Laidlaw and the driver, Dawn Finitz.

"It was brought because they wanted to know what caused the accident,"
Bauermeister said.

It was only in preparing for the lawsuit that the Crouses learned
about the drug test, he said. The test, taken some five hours after
the accident, showed Finitz had used marijuana, but it did not reveal
how recently.

Tom Matthews, attorney for Laidlaw, told jurors the company was sure
that marijuana use did not cause the accident. Finitz showed no signs
of impairment and was not feeling impaired when she hit a patch of
black ice that morning, he said.

"This case is a traffic accident," Matthews told the jury during
opening statements on Dec. 1.

Finitz was 31 at the time of the accident and had worked for the
company for about 18 months, according to Bauermeister. She was fired
soon after, a company official said.

Bauermeister said Finitz's marijuana use compromised her judgment. He
said she knew it was icy, and she had snow chains but did not have
them on the tires. He also argued it was wrong for Laidlaw not to
notify parents about the positive drug test.

"We felt that they should have had some understanding about what had
gone on," he said.

Finitz maintained in court that she had last smoked marijuana on the
Saturday night before the Tuesday morning accident, but Bauermeister
disputed that.

Laidlaw's attorney called the girl's injuries minor and said she
quickly recovered. He noted that she has since participated in track
and field sports events and is a regular runner.

The jury awarded her $4,700 for her medical bills, plus $15,000 to
compensate her for her pain and suffering, in addition to $3.5 million
in punitive damages. Laidlaw, not the driver, is legally responsible
for the verdict, Bauermeister said.

Laidlaw provides most of the student transportation for the Anchorage
School District.

Kevin Mest, Laidlaw's Northwest area general manager, said the company
is considering an appeal of the award, which he called excessive.

Mest said Laidlaw now has better controls to ensure its drivers are
not using drugs. The company began random drug testing in 1994, he
said. In addition, new employees must take a drug test before they
start work.

"We feel we have a very comprehensive program in effect now," Mest
said.

Checked-by: Rich O'Grady
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