Household of 5-year-old killed by BPS bus sues driver, transportation firm

The household of 5-year-old Lens Arthur Joseph, who was hit and killed in April by a BPS bus dropping him off after faculty in Hyde Park, is suing the bus driver and contractor Transdev, in response to a lawsuit filed in Suffolk Superior Court docket.

“We are devoted to ensuring that Lens Joseph’s life will not be defined by his death,” stated Legal professional Matthew Fogelman, representing the household. “We seek justice for Lens and his family members, and we will remain resolute in that endeavor and honoring his legacy.”

Lens, a kindergartener at Up Academy in Dorchester, was crossing in entrance of his faculty bus on Washington Road in Hyde Park after faculty on April 28 when he was fatally hit. The kindergartener was along with his 11-year-old cousin on the time.

The lawsuit alleges each Transdev, which contracts with Boston Public Colleges to offer bus transportation, and the motive force Jean Charles had been negligent and inflicted emotional misery on the household.

The submitting outlines the occasions of the day, noting that Charles was a substitute driver; hit two parked autos the identical day with the youngsters within the bus; missed the flip for Lens and his cousin’s cease; and dropped them on the flawed aspect of the road.

“The usual drop-off location would not require Lens and Jane Doe to cross the street in front of the bus to walk home,” the lawsuit reads. “The children would exit the bus and would be mere steps from their front lawn and then the house.”

The cousin, referred to as Jane Doe within the submitting, watched because the horrific occasions after unfolded. The kid and different relations suffered “severe emotional distress with physical manifestations” together with anxiousness, melancholy sleep disturbances, behavioral abnormalities and extra, the lawsuit states.

Charles had an expired certification essential to drive a bus on the time of the accident, which was identified to Transdev, the submitting claims. The motive force was fired shortly after the accident.

The lawsuit states Charles demonstrated negligent and reckless habits that day, together with hitting the opposite automobiles, failing to report the primary accident, and lacking the flip.

“At all times relevant to the Complaint, Transdev breached this duty by negligently hiring, negligently training, negligently supervising, and negligently monitoring its drivers, including but not limited to Jean Charles,” the lawsuit alleges.