Child Left On Bus; Parents File Suit
August 2, 2008 by Kristina Chew, PhD
Filed under Health
The parents of a now 9-year-old autistic boy who was left for approximately 4 1/2 hours on a schoolbus have filed a lawsuit against the schools, the district’s board of education, the bus driver, and the aides. As reported in the August 1st MyCentralJersey.com, on July 7, 2003, then 4-year-old Tyler Mellito, 9 (now of Chambersburg, Pa) was not taken off the bus by the aides or by the driver, and was left restrained in his seat and locked on the enclosed bus:
The suit claims that as a result of the carelessness, recklessness and negligence of the defendants, Tyler suffered great pain and suffering as well as sustaining severe and permanent injuries, mental anguish requiring medical attention at the time and into the future.
The parents also claim that the defendants’ actions deprived them of the services and companionship of their son, and are seeking damages, punitive damages, interest and legal costs.
When I read stories like these, my thoughts go first to what it must have felt like to be a child, trapped on a locked schoolbus on a summer day, having seen everyone get off but oneself—-and then to what I as a parent would feel if this happened to my child. How could this have happened?
This is why having an aide on the bus is so crucial for our kids. I am surprised they could still sue so many years later, when does the statue of limitations run out in NJ?
Having an aide can help but a bus aide is a person too. A driver and a bus aide were just fired in Florida for leaving a child on a bus. Both the drive and the aide forgot to check the bus. What needs to be on all buses is an electronic device that forces the driver to go to the back of the bus. check out http://www.roboticstech.com look at Bus Scan.
I’m wondering why it took 5 years to bring the lawsuit?
My little sweetpea fell asleep on the bus in the back of the bus on the way home one day not quite 2 years ago, when he had just started kindergarten. Our bus driver thought he was off bus because he didn’t see him. When the bus was parked at the garage, Butch (our bus driver) said he saw a little head pop up in the back. He felt really bad, and drove him straight over to us. I was trying to call the bus people to find out where A was. I had been waiting out there for the bus, but the bus was early that day. Since then, Butch has him sit in the front seat so he can keep an eye on him. A still falls asleep sometimes on the bus.
Even so, with no harm done, my son was still upset, the routine was off, he perseverated on the bus forgetting to let him off for a few weeks and would get weepy and hold onto me.
I can’t begin to think how terrified A would have been if left in the bus for hours. My heart goes out to the little boy. I know I felt totally panicked. I’m sure the parents felt more than I did.
I’m still wondering why it took 5 years to bring the lawsuit…
I’m not sure what the statute of limitations is here, need to find that out, clearly.
It sounds like the family has moved??? from NJ to PA?
Need more drivers like Butch.
New Jersey Statute of Limitations for Civil and Personal Injury Actions – An Overview
In any event, given that it occurred in the summer, I am glad that Tyler is still around; Children-summer-locked/enclosed vehicle is not a good combination.
Thanks, Regan.
Too many cases like this:
http://www.autismvox.com/autistic-boy-left-on-bus-in-july-heat/
http://www.autismvox.com/driver-attendent-to-be-sentenced-for-leaving-child-on-bus/
Patrick has always sat in the front seat where the driver can see him. It’s something I requested the first day of school. Poor little guy,and I can’t even imagine how panicked his parents must have been.
Surely it is a legal requirement that every bus has a host? some of our buses have 2, where a child has been shown to be a bit tantrumy; the school principal applies for a host for that child, and then there is a host for the rest of the children.The special needs assistants in the school do it mostly as it is a tax free allowance on top of their meagre salary, and for many, a free ride home.
xx
Article in NJ paper, the Star-Ledger, with a very unfriendly comment about autistic kids and taxes.
Having an aide would be useful–
Apparently these NY kids are having some difficulty getting a bus or a bus that gets them to the right place at the right time.
To be honest, as useful as I see the ability to ride on a bus, these kinds of stories are the ones that make me leery–
“Logan King Bascom, a 6-year-old wheelchair-bound autistic girl from Manhattan, was assigned to the wrong school bus last week, and ended up lost.
Jacob Hicks, a 6-year-old speech-impaired autistic boy from the Bronx, missed his speech therapy class because his bus made so many stops he arrived 45 minutes late.
And Mahnoor Mujahid, a 5-year-old Queens girl who suffers from a degenerative neuromuscular disease, was left without any school bus at all.
The three are among scores of horror stories that have poured in since the Daily News first reported last week that bus cuts have hit special needs children hard…
Department of Education bus cuts hit special education kids hardest
NY Daily News
Did the family win this lawsuit?
We just had this happen to our autistic son … found in unattended bus over hour after he was supposed to be in school! Turns out the driver had a prior incident but was not fired. Illinois law requires driver to check bus before leaving school. Bus supposedly had alarm system that requires the driver to walk to back of bus when ignition is turned off. Bus had working radio and driver’s cell phone did not work. Impossible for driver not to notice for many reasons. Anybody with an autistic child knows they do not respond well to something out of routine. Unfortunately, police seem to want to treat as a “civil” matt
This happened to my three year old daughter on Monday. I don’t know what to do. I’m so upset. She rides a special needs bus to preschool. They left her on that bus for more than three hours. They didn’t notice her until thay started loading kids back on the bus to go home. She was terrified and doesn’t want to go to school now. Help PLEASE.
The same thing just happen to my 5 yr old son.looking for help do you have any infor that can help me.he was forgotton on the bus,over looking by the bus driver even while setting the child safty alarm.
I don’t get people and how they can not do there job. My son rode a special ed bus too and was locked on it for 6 hours here in new mexico. It is so upseting to know that this is still happening and it had to happen to an autistic kid. where is the justic. did these bus drivers get charges pressed on them for child abuse child neglect. cause mine didn’t they got away with it the only thing is they got fired but i had to fight for them to get fired. my prayers go out to the family and kids that have to go threw this. if you want to get hold of me contact me at cdgood@q.com