Parents of student killed in Brandeis bus crash file wrongful death lawsuit
Parents of a Brandeis University student killed in a shuttle bus crash are filing a wrongful death lawsuit in Suffolk Superior Court, their legal team announced Friday.
Attorneys argue that the bus company, Joseph’s Transportation, the driver, Jean Michel Fenelon were acting negligently when the bus carrying Vanessa Mark and dozens of other students crashed in November of last year.
The 24-year-old college student was the only student killed in the crash that left 27 others with serious injuries on November 19.
Attorneys say Fenelon was driving the bus 54 miles per hour on South Street in Waltham, a 30 mph zone, when he lost control, causing the bus to jump the curb and strike three trees.
Mark was pronounced dead at the scene.
Attorneys further allege that Fenelon had logged over 73 hours of driving work over eight consecutive days in violation of Joseph’s Transportation’s 70-hour safety rule, had logged over 10 hours following 8 consecutive hours off duty in violation of the 10-hour safety rule and held a second job with Transdev Transportation working approximately 40 or more hours a week, shuttling students in Boston.
Joseph’s Transportation also allegedly failed to obtain a signed duty statement from Fenelon for the preceding seven days providing the total time on duty during the preceding seven days, which is required by law. Per the complaint, Joseph’s Transportation also neglected to evaluate crucial aspects of Fenlon’s qualifications, such as competency, accident history, drug screening, medical certificates, training, and experience prior to hiring him. Attorneys also call in to question Joseph’s Transportation’s training, monitoring, and supervision of its drivers.
“Joseph’s Transportation either didn’t know or didn’t care that its driver violated hours of service laws, disregarded safety rules, and drove recklessly,” attorney Clay Robbins III said in a statement. “If they had performed simple due diligence, the driver never would have been allowed behind the wheel, and Vanessa Mark would still be alive today.”
The roof and side of the bus were shorn off and debris littered the lawn on which the wrecked bus came to rest between two trees. A graphic video sent to Boston 25 News captured several victims of the crash being treated for their injuries.
The bus was returning from a hockey game at Northeastern University when it crashed.
This is a developing story. Check back for updates as more information becomes available.
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