August 2015

LEGAL TRENDS, ODDS & ENDS

Insights into North Carolina Law from

Civil Litigation Attorney MIKE DAISLEY

SCHOOL BUSES ARE BACK!

Time to focus on safety at the bus stop.

(And what about the very sticky issue of where cases involving school bus injuries and wrongful death should be heard?)

Here in Charlotte-Mecklenburg, we are finishing up the first week of school, where some 147,000 Charlotte-Mecklenburg students have returned to classes. Nearly 125,000 of them ride from home to school and back. More than 1000 of those ubiquitous yellow buses hit the road every day, logging in over 100,000 miles daily.

Most of the time, fortunately, those students travel in safety. But sometimes they are injured, and on occasions, those injuries are severe or even fatal.

When school bus injuries and fatalities occur in North Carolina, families of students looking for assistance with

medical or funeral bills
home health care
special academic tutors
transportation and other expenses
PTSD or other emotional suffering

can often be thrown into a confusing morass of statutes and case law regarding where their claims should be heard.

Typically, cases involving injuries on school buses are heard not in Civil Superior Court, but rather in the North Carolina Industrial Commission. Under the North Carolina General Statutes (specifically NCGS 143-300.1), the General Assembly long ago determined that the Industrial Commission has exclusive jurisdiction to hear any claim which arises...

"...as a result of any alleged negligent act or omission of the driver, transportation safety assistant, or monitor of a public school bus or school transportation service vehicle."

But what happens when the case involves more than the bus driver's negligence? What if there are also indications that a particular bus route was designed more for efficiency and economics, rather than having student safety as the top priority?

NCGS 143-300.1 has been interpreted in several cases over the last half-century -- the latest of which happens to be a case that our law firm is handling. It involves a young first-grader in a nearby county who was killed while crossing a 55-mph rural highway in pre-dawn hours. The Attorney General's office is defending the case, and has argued from the start that the Industrial Commission was NOT the right forum. We appealed to the North Carolina Court of Appeals last year, and that Court of Appeals agreed with our position.

The decision last year noted that in interpreting what cases should be heard by the Industrial Commission, previous opinions have noted:

...the Legislature did not intend for N.C. Gen. Stat. � 143-300.1 'to preclude the Industrial Commission from hearing tort claims (that) arose out of, and were inseparably connected to, events occurring at the time a school bus driver was operating the bus in the course of her employment.'"

Our case is now back in the Industrial Commission, but this time the Attorney General's office is now asserting that only part of the claim should be decided there. That is, allegations involving the bus driver are OK, but the State wants to exclude any information about how the school system should have drawn a safer route. (Meanwhile, I'm so proud to say a very brave grieving mom is still fighting to promote the"DonateLife" and "LifeShare" organ donation programs.)

What is the "take away" message here? Only that school bus injury cases can be extraordinarily complex, and likely full of

procedural pitfalls and issues. Families should definitely seek the advice of an experienced legal counsel familiar with this area of the law. Stay tuned.

at the DaisleyLaw "Blawg" -- NCLegalTrends.com.

I am always delighted whenever I hear from readers of NCLEGAL TRENDS on any issue involving the law -- or anything else for that matter! (If you disagree with any of my observations or selections, all the better -- that's how I learn.) Feel free to email me, or call our office (704-887-6776). If you want to schedule a visit to the DaisleyLaw offices at 2412 Arty Avenue, no excuse needed. I'll pour the coffee (or something stronger if it's after 5!).

All the best,

Michel C. Daisley

Litigation Attorney & Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC 28208

phone: 704-887-6776

email: info@DaisleyLaw.com

CHECK OUT THESE VIDEOS! Helpful info on the impact of new laws, testifying at depositions, mediation and other topics...
just waiting for your CLICK.

Whether you access our videos through our firm's website, or login to our YouTube Channel, or simply search on Google for "DaisleyLaw videos," you will find a number of quick and (I hope) helpful tips and insights into such things as testifying at depositions, and customer and visitor injuries and North Carolina's law of contributory negligence, or whether to speak at a mediation.

Mike Daisley

Civil Litigation Attorney

& Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC 28208

(704)887-6776

_________________

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