Calgary school, driver in deadly crash blame student for injuries

CALGARY – The sister of a young girl killed in a 2007 school bus crash contributed to any injuries she may have suffered, allege the driver and the private school that employed her.

Louise Rogers and Third Academy International Ltd. –in response to a $300,000 civil suit filed on behalf of Julia Anne Occena — deny all allegations against them in their statement of defence.

Julia, then seven, was seriously injured in the October crash at Crowchild Trail and 24th Street S. W. Her nine-year-old sister, Kathelynn, was killed when the bus driven by Rogers struck a gravel truck parked on the shoulder.

Rogers and the school, in their statement of defence, said Julia did not make "effective" use of a seatbelt or headrest and failed to remain seated on the moving bus.

They also allege the girl "failed to face forward when seated on the moving bus, distracted the bus driver and disregarded the bus driver’s requests for reasonable behaviour when riding as a passenger on the school bus," according to the court documents.

The defendants also allege the driver and owners of the Freightliner truck that was struck failed to have the mechanical condition of the truck in working order, failed to activate rear flashing hazard lights and place fluorescent markers on the road, allowed it to be operated on a public highway when not in proper mechanical repair and parked it on the shoulder where it became a hazard to other traffic.

The girl’s mother, Genevieve Cabrillos Occena, on behalf of the surviving daughter, is seeking $300,000 in general damages from the school, the bus driver and the owner/operator of the parked gravel truck.

They are also seeking unspecified special damages and compensation for loss of income and special care.

Rogers, 41, pleaded guilty Sept. 2 to careless driving and was fined the maximum$2,000 under the Traffic Safety Act.

The Occenas allege Rogers failed to obey the rules of the road, attempted to change lanes when it was unsafe, and was driving without due care and attention.

They also claim Rogers’ ability to drive was hindered by either medication, fatigue or listening to music with earphones.

None of the allegations have been proven in court.

Kathelynn, who was sitting beside her sister when the crash occurred, was killed almost instantly upon impact.

Julia sustained a severe head injury, including a skull fracture, severe injury to her cervical spine, numerous other injuries and "emotional distress due to the loss of her sister," according to the claim.

A second family, whose son was injured in the same crash, has filed a $500,000 lawsuit against Rogers, the school and the trucking company. A statement of defence has yet to be filed in that case.

Coleton Patton sustained an injury to his head, right shoulder and legs, and suffered shock and nervous upset, all of which caused pain, suffering and loss of amenities in life, according to the claim.

Several other children among the 11 on the bus were also injured, some seriously.