$5 Million Bus Crash Settlement
On September 29, 2023 Kim Petty’s day began as it did every morning. With a short drive through a downtown Louisville intersection to her grandmother’s home to prepare her medicines for the day. Kim’s morning ended with a horrific crash with a Jefferson County Public Schools bus that has changed her life permanently.
The violent intersection collision left Kim with no memory as to whether her light was red or green. The JCPS driver remembered his light was green with his self-serving testimony below.
Bus Driver
This case therefore turned into more than just a bus driver disregarding a traffic light and causing catastrophic injury to Kim. The case became a cause of accountability and preventable harm because JCPS’ driver blamed Kim for his negligence that turned her into a human erector set with related permanent physical limitations.
Bo and his team immediately sought out two independent eyewitnesses who dismantled the driver’s story. Below is the testimony of the two Good Samaritans who destroyed the liability defense manufactured by the JCPS driver.
Eyewitness 1
Eyewitness 2
Kim’s traumatic injuries required emergency responders to transport her to the University of Louisville Hospital for treatment
Kim suffered breaks to the bones in her neck, pelvis, left shoulder, and left elbow, in addition to a laceration to her left hand. She required a Halo apparatus to be drilled into her body to stabilize her neck and avoid spinal cord injury.
Kim required multiple surgeries to put her broken body back together.
Discovery also revealed that the bus driver had a prior felony conviction related to drug trafficking. Law enforcement records reflect that approximately twenty-five pounds of marijuana had previously been recovered from a rental vehicle the JCPS driver had been driving in Wyoming. A guilty plea was entered to Conspiracy to Deliver a Controlled Substance.
Kentucky law and administrative regulations require criminal background checks and proper vetting of school bus drivers.
702 KAR 5:080. Bus drivers’ qualifications, responsibilities, and training
Section 3. Criminal Records Check, Driving History, and Drug Testing. (1)(a) A criminal records and driving history check shall be performed by a local district on school bus drivers prior to initial employment and prior to reemployment following a break in employment.
The evidence showed that this driver should not have been operating a school bus. For that reason, the Superintendent was named as a defendant. The Superintendent was subsequently dismissed when the settlement with the JCPS bus driver was consummated.
Ms. Petty’s injuries consisted of a pulmonary contusion, mesenteric injury, multiple pelvic fractures, a left humerus fracture, left forearm fracture, cervical spine fracture, lumbar fractures and a severe hand trauma requiring tendon repair.
Kim underwent emergency stabilization, multiple orthopedic procedures, and a C1–C3 posterior cervical fusion involving rods, screws, and bone grafting. As a result of the cervical fusion, Ms. Petty permanently lost between 33% and 50% of mobility in her neck and also suffers permanent loss of mobility in her shoulder and elbow.
In order to maximize Kim’s recover Bo took trial depositions of Kim’s three surgeons and the emergency medicine physician. Below are clips of these doctors’ testimony, which carried the day when it came to proving Kim’s damages claim.
Dr. Tom Andres
(ER Doctor)
Dr. Rodolpho Zamora
(Orthopedic Surgeon)
Dr. David Freeman
(neurosurgeon)
Dr. Monica Pecache
(Hand Surgeon)
Kim lived independently before September 29, 2023. After the collision, her life became defined by chronic pain, reduced mobility, permanent spinal hardware, and ongoing medical care. Her injuries permanently changed how she moves, works, and experiences daily life.
Past medical expenses exceeded $617,800. Future medical care under a life care plan totaled approximately $900,286. Impairment to earning capacity was calculated at $345,740. In addition to these measurable losses, Kim endured substantial pain and suffering and permanent physical impairment.
After extensive discovery, expert testimony, and preparation for trial, the case reached a $5 million resolution. This resolution ensures that Kim will have the resources necessary for her ongoing medical care and future needs. While nothing can undo catastrophic injury, holding responsible parties accountable matters – for the injured client and for the safety of the community. The below link to a local news station report on settlements with JCPS addresses Kim’s case and other cases Bo has successfully prosecuted against JCPS on behalf of other catastrophically injured individuals
