Family Of Paramus Student Bus Crash Victim To Sue School District

PARAMUS, NJ — The family of the youngest victim of the East Brook Middle School intend to sue to the school district and borough over the crash.

Miranda Vargas' family has filed a tort claim notice with the Paramus Board of Education and the Borough of Paramus, said David Fried, the family's attorney.

Filing the claim allows Vargas' estate to file the suit later, Fried said. The law requires the estate wait six months before filing the lawsuit.

Hudy Muldrow Sr., 77, was driving the school bus when it collided with a dump truck on I-80. Officials say Muldrow attempted to cut across three lanes of traffic to reach an official use only turn-around point in the median when the bus missed the turn for their destination, a fifth grade class field trip to Waterloo Village. Vargas and Jennifer Williams-Kennedy, 51, were the only fatalities. The forty-three other people on the bus were injured.

Muldrow Sr. has been charged with two counts of death by auto, also known as vehicular homicide, in connection to the school bus crash.

Muldrow Sr. has a long history of driving trouble, the state Motor Vehicle Commission confirmed, including 14 license suspensions.

Paramus School District Superintendent Michele Robinson said this week the state did not give the district any indication that would lead officials to think Muldrow Sr. may be less-than-qualified to operate a school bus.

"Based on what is known, since the Paramus Board of Education apparently employed Mr. Muldrow, they are likely vicariously liable for his negligent operation of the school bus," Fried said. "Further, we will investigate and pursue claims regarding their decision to employ Mr. Muldrow as a school bus driver, based on available information about his driving record."

Some of Muldrow Sr.'s driving troubles include:

• His license was suspended 14 times since he became a licensed driver in 1975. The most recent suspension was recently, from Dec. 20, 2017 to Jan. 3, 2018, confirmed Mairin Bellack, a spokesperson with the state Motor Vehicle Commission. Several reports have identified Muldrow as the bus' driver.
• Six of the suspensions were because of unpaid parking tickets. His license was also suspended once for administrative reasons, Bellack confirmed.
• He also has eight speeding tickets on his record, along with one for careless driving and a 2003 summons for unsafe operation of a motor vehicle, Bellack said.

Despite his record, Muldrow still managed to have a commercial driver's license with valid passenger and school bus endorsements, Commission spokesperson Mairin Bellack said.

Muldrow's son, Hud Muldrow, Jr., previously told CBS2 that his father was sorry people had gotten hurt, but defended his driving skills.

"That's the truth. He is a good driver," Muldrow Jr. told NJ.com.

Muldrow Sr. appeared in court Friday on the charges filed against him. His lawyer, Matthew Reisig, said his client is "presumed innocent of his charges."

State Superior Court Judge Stephen Taylor ordered Muldrow Sr. held at Morris County Detention Center until a detention hearing that's scheduled for Wednesday morning.

Related:

• Bus Driver In Fatal NJ Crash Ordered To Stay In Jail (Video)
• Paramus Officials Unaware Of Bus Driver's Record: Superintendent
• Why Was Elderly Man With 14 Suspensions Driving Doomed NJ Bus?
• Driver, 77, Revealed In Fatal NJ School Bus Crash
• Was School Bus Trying To Make Illegal U-Turn Before Rt. 80 Crash?
• Paramus Community Mourns Dedicated Teacher Killed In Crash
• Teacher, Student Confirmed Dead In Paramus Field Trip Bus Crash
  

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Photo: Miranda Faith Vargas, 10 (Courtesy of GoFundMe, a promotional partner of Patch)