Tuesday, October 13, 2009 9:37 PM CDT
Family files lawsuit in fatal double-decker bus accident
By HERB MEEKER, Staff Writer hmeeker@jg-tc.com
CHARLESTON — A lawsuit against the companies, the owner and driver of a double-decker bus alleges all defendants failed to provide enough route and passenger management to prevent two deaths at the Interstate 57-Illinois Route 16 overpass.
The parents of Cameron Chana, who died in the May 30 accident along with Justin Sleezer, filed a lawsuit Thursday in Coles County Circuit Court against the bus driver, John F. Protz of Coles County; Augustine G. Oruwari, owner of the Graywood Foundation, Graywood Enterprises and Lincoln Springs Resort; and the Graywood entities, which are tied to the operation of the rental bus.
The suit seeks an unspecified amount of monetary damages.
Chana of Clarendon Hills and Sleezer of Plano suffered massive head injuries while on the open deck of the bus, standing 13 feet, 6 inches, when it traveled under the I-57 bridge with a clearance of 14 feet and 3.3 inches at the center point above Route 16, according to Mattoon Police Department accident reports.
“Our position is the bus company failed to do a lot of things that contributed to these tragic deaths,” said Bob Bingle, attorney for the estate of Chana, who attended Eastern Illinois University.
Officials at Lincoln Springs and Graywood could not be reached Tuesday. The defendants will have an opportunity to respond to the suit through legal filings in coming weeks.
The lawsuit claims several points of negligence, including failure to monitor the conduct of the passengers on the second level of the bus or use of an alternative route to avoid the I-57 overpass with its low clearance compared to higher overpasses, including the one along Illinois Route 316 near Mattoon.
“All the driver had to do was take the same route he did in the morning,” said Bingle, a Chicago attorney, during a telephone interview Tuesday afternoon. “And no one on the bus will testify he was warning the passengers not to stand up. There was a free flow of movement from the lower level to the upper deck throughout the trip.”
The owners of the bus have said the driver and signs on the bus warned against standing on the upper deck.
Police documents, which include eyewitness statements, Illinois Department of Transportation measurement data, photographs of the bus, and accident data, show the passengers, including college students and alumni from Eastern, recalled branches of trees striking them when they drove in Mattoon. Some passengers were also consuming beer during the chartered day trip from Charleston to Lake Shelbyville.
“Some of them said they had to avoid branches when they were sitting down,” Bingle said.
Passenger statements in police records also discounted that the victims or others were standing or jumping on the upper deck, according to the lawsuit. At least two witnesses said one of the victims was kneeling in an upper level seat with one foot on the floor. However, Chana stood 6-5 and Sleezer, 6-1. Another witness said the impact on the victims occurred after the bus cleared the west end of the bridge.
Police records state the bus switched its route to fulfill the request of some passengers to stop at the McDonald’s restaurant for food in Mattoon before heading back to Charleston. The bus had traveled to Lake Shelbyville for a boat outing that day.
The lawsuit suggests the bus driver should have had all passengers remain on the lower deck when driving under the overpass to avoid any risks due to the tall bus and low clearance of the bridge.
The plaintiff’s case also claims Protz was not provided proper and sufficient training on the bus routes and hazards present on those routes.
Bingle said the case will also include a filing by the lawyer representing Sleezer’s family. He said their intent to file last week was delayed due to complications on estate matters.
“We have been working with their lawyer and they should file in a matter of days. It will take at least a year to finish discovery on this case.
“So it will take some time before it could go to trial,” Bingle said.
Contact Herb Meeker at hmeeker@jg-tc.com or 238-6869.
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Rohn Gordon wrote on Oct 13, 2009 1:29 PM: