PITTSBURGH – A Pittsburgh parent alleges that her non-verbal and autistic daughter sustained a concussion and other injuries when she fell from her seat, and argues that the local school district and a bus company were responsible for the incident.
Deshjua Rhodes of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on April 26 versus the School District of Pittsburgh and First Student Bus Line of Cincinnati, Ohio.
“Plaintiff Deshjua Rhodes (Ms. Rhodes), is the mother of Jane Doe (Doe). Doe is 6 years old, has been diagnosed with autism, and is non-verbal. Doe attends Pittsburgh Conroy Education Center, a school in the School District of Pittsburgh. Doe is transported to and from Pittsburgh Conroy Education Center using First Student Bus Line. Both defendants, School District of Pittsburgh and First Student Bus Line, are responsible for the safety and well-being of students while the students are being transported to and from a school within the School District of Pittsburgh on a bus under contract by First Student Bus Line,” the suit says.
“Defendant School District of Pittsburgh owes a duty of care to all students under their supervision, from the time they leave their house to attend school until the time they return home from school. Defendant First Student Bus Line, owes a duty of care to all students under their supervision from the time they leave their house until they arrive at school, and then again when they are picked up from school until they are returned to their home at the conclusion of the school day. Ms. Rhodes received specific assurances from faculty at Pittsburgh Conroy that any time Jane Doe was on the bus, she would be provided with an aid to ensure her safety on the bus and received specific assurances that Jane Doe would be buckled into her seat using a harness or other device. On Sept. 29, 2023, Doe was on a First Student Bus returning from school at Pittsburgh Conroy.”
The suit adds there was “no aid on the bus on the day in question to ensure the Doe’s safety while on the bus, despite the assurances given to Ms. Rhodes that an aid would be present at all times.”
“Doe was not buckled into her seat appropriately. During the course of the bus ride home, Doe fell from her seat and sustained abrasions and contusions on her head, as well as a concussion. This concussion has had a long-lasting impact on Doe’s quality of life,” the suit states.
“Ms. Rhodes only permitted Doe to ride the bus to and from school because she received specific assurances from faculty at Pittsburgh Conroy that Doe would be accompanied by an aid to ensure her safety while riding on the bus, and Ms. Rhodes would not have permitted Doe to ride on the bus but-for those specific assurances. The injuries Doe sustained would not have occurred but-for the failure of the School District of Pittsburgh and First Student Bus Line to ensure there was an aid on the bus and Doe was properly secured in her seat. The failure of the School District of Pittsburgh and First Student Bus Line to provide an Aid on the bus, and their failure to ensure Doe was properly buckled into her seat were the proximate causes of Doe’s injuries.”
For multiple counts of negligence and gross negligence, the plaintiff is seeking monetary damages in excess of $50,000, punitive damages, costs, attorney’s fees and equitable relief as the Court may deem proper.
The plaintiff is represented by Christopher D. Penco and Keenan Holmes of Ebony Law, in Pittsburgh.
The defendants have not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-24-004886
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com