MONTGOMERY, Ala. (Legal Newsline) – A school bus driver alleged to have partly caused the death of an eight-year-old girl who was run over by a truck is entitled to immunity from a lawsuit.
Justice Sarah Stewart wrote the majority opinion for the Alabama Supreme Court that was released May 22 in the case of Rita Marie Edwards, the mother of a little girl who was hit by a truck while crossing a highway to get to a school bus.
The incident occurred in November 2014 at Airport Road Elementary School in Coosada. After four years of litigation, driver Penny Pearson was granted state agent immunity.
“Because Edwards failed to demonstrate that there were detailed rules or regulations that Pearson was required to follow in this circumstance, she failed to demonstrate that Pearson acted beyond her authority; thus, Pearson was entitled to State-agent immunity,” Justice Stewart wrote.
Pearson drove by Raven Edwards’ house the morning in question, but the girl was running late and not outside yet. Pearson kept going, and her route eventually brought the bus to a stop sign at a spot across the intersection of Sunset Drive and Deatsville Highway.
Pearson said Raven was running across the front yard and heading toward the highway.
"So I immediately turned on all my lights, put my brake on, opened the door,” Pearson testified.
“I was coming down the steps because her mama wasn't with her. So I was going to go get her. And then -- I mean, I never got off the steps, and then I just heard a noise and then seen -- you know, I never saw the truck hit her, but I -- I could just -- I mean, you just heard it. And then -- and then she was just there in the road.
"And so then I ran to her. And then her mama ran out then and was coming up to her. So as soon as her mom got there, I immediately went, you know, back to the bus and called 911 and then called my -- you know, called my boss."
Pearson said oncoming traffic on the highway couldn’t have seen her warning lights and that she could have turned onto the highway to pick up Raven.
But Raven was already running toward the bus, Pearson said.
“Edwards's deposition testimony indicated that Raven was not ready for school when the bus first drove by the designated stop in front of her house and that Edwards had waved at Pearson to let her know Raven would be riding the bus,” the opinion says.
“Edwards testified that she did not intend to walk Raven to the bus stop; it was cold and she had her two other small children she was caring for that morning. After Raven left the house, Edwards heard the impact and ran outside.”
A plaintiffs expert said Pearson should have turned right in order to circle around to pick up Raven once she got ready, or she should have left her behind.
Rita Edwards attempted to prove Pearson was not entitled to state agent immunity, arguing she was not performing a job-related function when she made an unscheduled stop to pick up Raven and noting that bus-stop locations are determined by the local board of education and transportation supervisor.
But the court ruled Pearson’s intent to escort Raven across the highway meant she was performing her duty to supervise students when stopped and attempted to exit the bus. It also noted that Pearson had to make a split-second decision since Raven was running across her yard.
From Legal Newsline: Reach editor John O’Brien at john.obrien@therecord.com.