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Mother files suit over school bus accident

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WATERLOO - The mother of a Waterloo student is taking the school district and school bus operator to court over a 2007 accident where a bus slid off an ice-covered road.

In a lawsuit filed Dec. 19 in Black Hawk County District Court, Callie Leavy said Waterloo Community Schools, bus companies First Student Inc. and Laidlaw Transit and driver Michell Fike were negligent in the accident that injured her son, Johnell Franklin.

Leavy is represented by attorneys William Brewer and P.A. Henrichsen of West Des Moines. Henrichsen declined to comment on the suit.

The defendants haven't filed formal responses to the suit.

The accident happened Jan. 16, 2007, in the 3500 block of Burton Avenue as the bus was taking 15 students to the Dr. Walter Cunningham School for Excellence.

Snow and ice blanketed the road, and the bus slipped off street and continued on through a farm field before becoming stuck in a drainage creek.

At the time of the accident, police said five children were injured and taken to Allen Hospital where they were treated and released.

Fike was cited for failure to maintain control and paid $135 in fines and court costs.

The family is seeking damages to include past and future medical expenses, pain and suffering, partial loss of use of Franklin's body and reduced earning capacity. The mother is also seeking loss of companionship damages.

Contact Jeff Reinitz

at (319) 291-1578 or

jeff.reinitz@wcfcourier.com.

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