WASHINGTON-A lawsuit was filed against a truck driver and a North Carolina company in connection with the death of a girl killed Jan. 13 when a school bus was rear-ended by a truck whose driver allegedly was reaching for a cell phone he dropped.
Officials at Robeson County Superior Court, where the lawsuit was filed last Thursday, and at the law firm representing six-year-old Shelia Hernandez, confirmed the legal action.
Initial press reports said the lawsuit names Mountaire Farms of North Carolina and Gary Garnett, the truck driver, as defendants. Nine of the 14 children on the bus were injured, as was Maria Hernandez, the mother of the girl who died in the accident. Mountaire, according to the reports, is accused of negligence for not providing proper training-including safe cell phone use-to Garnett.
Roger Marino, a Mountaire spokesman, declined comment, referring questions to Mike Terrell, vice president for operations. Terrell and William Purcell II, a lawyer representing the company, did not immediately return calls for comment.
Last year, Corpus Christi, Texas, authorities brought charges of criminally negligent homicide against a driver, occupied with his cell phone, who allegedly hit and killed two family members and injured a third member of the family. The case was set to go to trial last summer, but got sidetracked for reasons that remain unclear.
Meanwhile, Cingular Wireless L.L.C. today said its teen distracted-driving program ended 2003 having reached nearly 5.6 million students, up from 2 million at the end of 2002. Cingular said more than 14,500 high schools and 2,100 professional driving schools in all 50 states are using the program.
Cingular established the program in 2002 as part of “Be Sensible,” a public-service campaign to educate and remind consumers nationwide about safe and courteous ways to use mobile phones.
While it aggressively pursues teen-driver education, Cingular Wireless does not support statewide or national bans on handheld phone use by drivers. Verizon Wireless, the nation’s No. 1 mobile-phone operator, is the only carrier that backs laws requiring driver use of hands-free devices. While such accessories enable drivers to put both hands on the wheel, studies show they do not markedly improve attention or concentration.
New York, New Jersey, the District of Columbia and some towns ban the operation of handheld phones while driving.
California Assembly member Joe Simitian (D) said he will reintroduce legislation mandating hands-free use on the road. Last year, the lawmaker’s bill passed in the State Assembly, but stalled in the Senate.
“I’m trying again because the bill will save lives. I’m cautiously optimistic our perseverance will pay off,” said Simitian.
