Injured Girl Awarded Millions In Bus Wreck

An Anchorage Superior Court jury this week hit Laidlaw Transit Inc. with a $3.5 million verdict in a lawsuit over a school bus accident in which the driver tested positive for marijuana.

In addition to granting that amount to an accident victim as punitive damages, the jury awarded the victim about $20,000 in compensation for her injuries.

After picking up students in the Thunderbird Heights neighborhood in Chugiak in November 1992, a Laidlaw bus slid out of control and landed on its side in a ditch. One of the 15 passengers, 12-year-old Shawn Crouse, suffered back injuries and headaches, said her attorney, Don Bauermeister. Shawn and her mother, Gail Smith, filed the lawsuit in 1994 against Laidlaw and the driver, Dawn Finitz.

"It was brought because they wanted to know what caused the accident," Bauermeister said.

It was only in preparing for the lawsuit that the Crouses learned about the drug test, he said. The test, taken some five hours after the accident, showed Finitz had used marijuana, but it did not reveal how recently.

Tom Matthews, attorney for Laidlaw, told jurors the company was sure that marijuana use did not cause the accident. Finitz showed no signs of impairment and was not feeling impaired when she hit a patch of black ice that morning, he said.

"This case is a traffic accident," Matthews told the jury during opening statements on Dec. 1.

Finitz was 31 at the time of the accident and had worked for the company for about 18 months, according to Bauermeister. She was fired soon after, a company official said.

Bauermeister said Finitz's marijuana use compromised her judgment. He said she knew it was icy, and she had snow chains but did not have them on the tires. He also argued it was wrong for Laidlaw not to notify parents about the positive drug test.

"We felt that they should have had some understanding about what had gone on," he said.

Finitz maintained in court that she had last smoked marijuana on the Saturday night before the Tuesday morning accident, but Bauermeister disputed that.

Laidlaw's attorney called the girl's injuries minor and said she quickly recovered. He noted that she has since participated in track and field sports events and is a regular runner.

The jury awarded her $4,700 for her medical bills, plus $15,000 to compensate her for her pain and suffering, in addition to $3.5 million in punitive damages. Laidlaw, not the driver, is legally responsible for the verdict, Bauermeister said.

Laidlaw provides most of the student transportation for the Anchorage School District.

Kevin Mest, Laidlaw's Northwest area general manager, said the company is considering an appeal of the award, which he called excessive.

Mest said Laidlaw now has better controls to ensure its drivers are not using drugs. The company began random drug testing in 1994, he said. In addition, new employees must take a drug test before they start work.

"We feel we have a very comprehensive program in effect now," Mest said.

Copyright 1998 The Anchorage Daily News

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