Months after a school bus crash killed two Clarksville middle school students and injured several others, the Clarksville-Montgomery County School System is asking a federal judge to take control of $700,000 and decide how the money should be distributed among people with valid claims.
In its federal complaint, the district argues that Tennessee law caps its total liability for death and injury claims stemming from the March crash at $700,000 combined. The district says it faces multiple competing claims against what it considers a limited fund, and it maintains it is not conceding liability. It is also asking the court to block further litigation against the district over the matter and to release it from any additional liability tied to the crash.
Attorney Rocky McElhaney, who represents six families affected by the crash, sharply criticized the filing. "What this does is treat these families that have been hurt like the enemies. This lawsuit treats the families like enemies. It's basically a dump-and-run. Clarksville has just put money into the court system and says we're out. Leave us alone," McElhaney said.
Attorneys with Morgan & Morgan are also pushing back. In a statement, firm founder John Morgan and attorney Susan Neal Wiley said the firm "views the actions filed by the Clarksville Montgomery School System (CMCSS) as yet another attempt on their part to prevent the families who were impacted by this tragic crash from gaining the answers as to why and how this happened." They said the firm is committed to fighting both the interpleader action and resisting the motion to stay the state court case, adding that the Davis family and others are "rightfully angry and upset" and that the firm "will not stop until justice is achieved."
The crash happened in Carroll County as a bus carried students from Kenwood Middle School to a class competition. The bus crossed into oncoming traffic and collided with a Tennessee Department of Transportation dump truck and a Chevrolet Trailblazer. Two eighth-grade students, Zoe Davis and Arianna Pearson, were killed, and at least seven people, including the bus driver, were reported injured.
The bus driver, Ducksworth, was later indicted on charges related to the crash, including failure to exercise due care and driving on roadways laned for traffic. A grand jury did not indict Ducksworth on a vehicular homicide charge.
The legal fight follows months in which families have described the physical, emotional and financial toll of the crash. In September, Xaviel Lugo, whose daughter was on the bus, said, "It's turned our lives upside down," adding, "Appointments after appointments."
McElhaney said money alone cannot address what families have lost, noting that many children suffered traumatic orthopedic injuries they will carry for the rest of their lives. "My clients want to ensure that proper safety rails are put into place, so this never happens again," he said.
The federal action does not determine who was responsible for the crash. McElhaney said his legal team is still evaluating its options, while Morgan & Morgan has said it plans to fight the interpleader action and oppose the district's effort to pause the state court proceedings.
