A driver of a Volvo fifth wheel truck allegedly failed to stop as three school children were crossing a highway after stepping off a Terrebonne Parish school bus in Bourg, according to a lawsuit that was removed to federal court in New Orleans on May 6.

Plaintiff Alicia Abbott alleges she was shouting for her children to stop as they were getting off the bus, when the vehicle struck her, causing injuries to her neck and back.

Abbott, individually and on behalf of her three minor children, originally filed suit against Donald Mitchell, Transit Homes and XYZ Insurance Co., on April 14, in the Terrebonne Parish District Court.

Abbott states the allegedly negligent driver Donald Mitchell failed to acknowledge the school bus and to stop his truck as required by Louisiana law.

Mitchell, an employee of Transit Homes, is accused of negligence for failing to stop his vehicle before striking Abbott, failing to maintain control of his vehicle, failing to maintain a proper lookout, being distracted or inattentive, failing to avail himself of the last clear chance to avoid the accident, failing to see what he should have seen, failing to exercise reasonable care and violating Louisiana law.

Abbott is asking the court for an award of damages for past, present and future pain and suffering, medical expenses, lost wages, loss of enjoyment of life, loss of love and affection, loss of society and consortium, interest and court costs.

Houma attorneys Damon J. Baldone and Connie L. Johnson of Damon J. Baldone & Associates are representing Abbott.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:10cv01417

More News