Atty: District 'Failed To Do Their Due Dilgence' Ahead Of Bus Crash

FARMINGDALE, NY — The lawyer for the parents of an injured Farmingdale High School student spoke with Patch about why they plan to sue the school district for up to $12 million in damages from a fatal bus crash that took the lives of two adults, including the band director, who were traveling to band camp with the students.

The crash killed the Farmingdale band director, Gina Pellettiere, 43, and Beatrice Ferrari, 77, a retired teacher, acting as a chaperone. At least five students were badly injured in the accident.

"They failed to ensure that the bus carrier that they hired was adequately insured," Jared Cooper, a partner at Manhattan-based Robinson Yablon Cooper & Bonfante, LLP, told Patch. "It was woefully insured for the type of job, vis-a-vis, the amount of minor children who were in their care and control."

As Patch reported on Wednesday, Kimberley and Corey Ellis filed a notice of claim against the district.

The Ellis' 14-year-old daughter suffered "broken ribs, lung damage, head wounds and disfigurement" when the bus headed to Pennsylvania band camp overturned on I-84 in Orange County, Cooper maintained in the notice of claim.

"The Farmingdale School District is aware of legal action being taken related to the devastating tragedy that our community experienced in September," the district said in a statement on Wednesday.

"Under the advice of the district's legal counsel, we cannot comment on the particulars of the lawsuit," the district added.

Cooper said the notice of claim was also filed due to the district's failure "to do their due diligence." The district, he said, "hired a bus carrier that had a known history of unsafe operation. Anyone with a click of a button could go online and find out."

The district employed Regency Transportation LTD, out of Nesconset for the charter trip last month.

The US Department of Transportation lists 25 violations against Regency found during 42 inspections. Among the violations cited include inoperable brake and headlamps, no or inadequate bus emergency exit marking, windshield wipers inoperative/defective and a false report of drivers' record of duty status.

"Finally, the school district failed to ensure that the students were wearing seatbelts," Cooper said. "The school needs to do that due diligence before hiring a bus carrier."

Regency did not immediately respond to a request for comment.

When asked if Cooper would be willing to accept a settlement for his client, he responded: "That's not a question I can answer right now."

The father of another 14-year-old student who was hurt in the crash is suing Regency Transportation and the bus driver.

"Everyone can bring an individual suit and they might be consolidated at some point," Cooper said.