by Valerie Verkamp
Landmark assistant editor
First Student Bus Company will pay a $12,000 settlement in a personal injury lawsuit involving a four-year-old child.
First Student is the contracted school bus provider for the Park Hill School District.
The cause of action against First Student allegedly occurred on Jan. 22, 2015.
The plaintiffs, Audreana Deleon and her four-year-old child, contend the minor suffered a laceration on an index finger when the child touched a spinning fan blade located just beneath her seat.
According to a petition for damages filed Sept. 10, 2015, the fan “constituted a dangerous defective condition” on the school bus while transporting students at Hawthorn Elementary School.
The suit claims the minor's injuries were caused by First Student's negligence in failing to forewarn children of the hazardous condition.
The petition for damages alleges the minor incurred medical expenses, pain, suffering, mental anguish and disfigurement.
The plaintiffs argue the minor is “reasonably likely to continue to experience such losses and damages in the future.”
A month after the petition was filed with the Platte County Circuit Court, the plaintiffs reached an agreement with First Student and voluntarily dismissed the suit.
According to court documents, First Student agreed to compensate the child $12,000 and pay any outstanding Medicaid liens.
The cash settlement releases First Student from any related claims in the future.