Saved from : http://www.indystar.com/articles/3/169955-2453-103.html Mother sues over son's death on school bus By Vic Ryckaert vic.ryckaert@indystar.com August 13, 2004 The mother of a Perry Meridian High School freshman killed last fall while he was riding on a school bus filed a lawsuit today seeking $300,000 in damages. Irma Garcia's son, Raul Gonzalez IV, died about 7:15 a.m. on Nov. 17 after he stuck his head out of a bus window and struck a tree last fall. The bus driver was steering to avoid an injured raccoon on Stop 11 Road, just west of Bluff Road. "Parents have a right to expect the bus driver to operate the bus safely," Garcia's lawyer Robert York said. "Obviously that didn't happen in this case." Raul, 16, was starting his second week at the school after his family had relocated from Texas. He had an IQ described as low average or borderline, according to the suit filed in Marion Superior Court. He was hyperactive, suffered from attention deficit disorder and had problems comprehending language, according to the lawsuit. The bus was traveling along the tree-lined Stop 11 when it approached the injured raccoon in the road. Students rushed to the windows to look at the animal. Raul lowered his window and stuck his head out to see what was happening. Traveling about 30 mph, bus driver Terri Gregory swerved to avoid the raccoon. The bus tilted into a tree, trapping Raul's head. He died almost instantly, according to the lawsuit. The suit names Gregory, Perry Township schools, the city of Indianapolis and the state of Indiana as defendants. Under state law, wrongful death claims filed against any governmental agency are capped at $300,000. Garcia, who has since moved back to Texas, claims Gregory drove too fast and too close to the trees that lined the road and did not properly monitor students on the bus. The school district is at fault, the lawsuit claims, for allowing the windows wide enough for Raul to stick his head out and for failing to warn Raul of the dangers. The city and state are at fault for failing to properly design and maintain the road, the suit claims. Superintendent H. Douglas Williams said he is aware of the lawsuit but it is district policy not to comment on pending litigation. Tony Overholt, a lawyer for the city of Indianapolis, said his office has not had a chance to review the lawsuit. Lisa Sirkin, spokeswoman for Gov. Joe Kernan, said the state has not yet received the suit and it would be premature to comment. Gregory could not be reached for comment.