On November 26, 2013, Client, a five-year-old, was traveling as a passenger on a school bus on the way home from Elementary School. She was sitting in the very first seat on the passenger side of the bus. A partition was in front of her bus seat separating the bus seat from the steps. The bus driver struck a bump in the road launching the client into the air and over the partition causing her to land face-first on the steps to the bus. The insurance company contested liability claiming that the client had been standing on her seat and was told to sit down by the bus driver prior to the accident. Several student-witnesses who were riding the bus that day were interviewed. One witness stated that she observed the client kneeling on the seat (not standing on the seat) when the incident occurred. Another witness stated that the client was not standing on her seat when the incident occurred. Several student-witnesses stated that they would encourage the bus driver to speed over a specific bump in the road so that the students could bounce in the air. On this occasion, the bus driver sped over the bump at the request of children resulting in the injuries to the client. In addition, Attorney Noonan learned that the bus driver had been involved in several other accidents prior. Specifically, Attorney Noonan learned that the bus driver struck a telephone pole and later struck another pole shattering some of the windows on the school bus causing some students to sustain minor cuts from the glass. As a result of the accident, client sustained a mild concussion and a laceration to the face, which required two sutures. The client only incurred $1,724 in medical expenses.

Case Results: Attorney Brendan J. Noonan settled the claim against the bus company. Attorney Noonan setup a 529 College Savings Plan and deposited the settlement into the fund.