After rejecting a preliminary settlement of $125,000, attorneys representing Crystal Burkert of Gloucester County, N.J., announced that a jury awarded $5 million to the student who was struck by a drunk driver in 2007 at the age of 17. The defendant, Holcomb Bus Service, Inc., has not indicated whether it plans to appeal the verdict.
The Camden County Superior Court jury found the school bus contractor negligent in the accident that injured Burkert, now 22, who is currently working and attending school despite recurring health issues.
“The medical testimony presented at trial indicates she suffers memory lapses and must deal with the pain every day,” said plaintiff attorney Michael H. DiGenova of Badey, Sloan & DiGenova. “This jury awarded her a verdict that they saw as fair and fit to help her back on the road to a long recovery.”
According to court documents, DiGenova and partner George J. Badey III argued that the Holcomb bus driver deliberately required Burkert to exit the bus approximately one-third of a mile from her home and walk down a high-speed, rural road with no sidewalks, rather than dropping her at the assigned bus stop in front of her home.
They alleged that Burkert had been dropped off at an unapproved, improper and unsafe location on Dec. 3, 2007, and was struck by the drunk driver while walking along this road. According to medical reports, she suffered pelvic fractures, back injuries and traumatic brain injuries.
“The defendant violated a fundamental rule of school bus transportation by not dropping her off at her designated stop,” Badey said in his closing argument. “Parents entrust a school bus driver and its company with the safety of their child. They broke that trust by placing a child in danger over 40 times for the convenience of a bus driver who wanted to shorten his route and finish up a little earlier.”
In addition, Badey noted, the bus driver enlisted Burkert’s fellow students to badger and bully her to get off the bus so that they would also get home earlier, according to court documents.
While attorneys for the defendant contended that the drunk driver bore more responsibility, the jury apportioned 75 percent of the liability to Holcomb Bus service and 25 percent to the drunk driver. Thus, Holcomb is responsible for $3.75 million of the $5 million verdict, plus interest, Burkert’s litigation costs and attorney fees.
The trial lasted two and a half weeks, with the seven-person jury returning its verdict on June 19.
