CLARKSVILLE, TN (CLARKSVILLE NOW) – The Clarksville-Montgomery County School System has denied liability in the lawsuit filed by the parents of 13-year-old Zoe Davis, arguing that the March 27 bus crash was caused by an unforeseeable medical emergency suffered by the driver rather than negligence by the district.
The crash occurred as a Kenwood Middle School bus was carrying 24 students and five adults to a STEM competition in Jackson, according to previous reports. Dashcam video from parents driving behind the bus showed it drifting across the double yellow lines before striking a TDOT dump truck head-on. Zoe and 14-year-old Arianna Pearson were killed, and several others were critically injured.
In April, the Davis family filed a lawsuit against CMCSS and bus driver Sabrina Ducksworth, according to previous reports. The lawsuit claims Ducksworth was negligent, fatigued, distracted and failed to exercise “due care in operation of the school bus she was driving.” It argues that CMCSS is liable for her negligence, failing to adequately assess the driver’s “fitness for employment as a school bus driver” prior to her employment and not offering adequate training.
Ducksworth remains on leave during the ongoing investigations.
District says driver had medical emergency before impact
In its 12-page answer filed June 15 in Carroll County Circuit Court, CMCSS acknowledges that the bus veered into the opposite lane and struck the dump truck. However, the district argues that Ducksworth was not at fault because she “suffered an unforeseeable sudden loss of consciousness and/or other physical incapacity due to a stroke, cardiovascular failure, or other medical event prior to the collision.”
CMCSS also admits the bus did not have passenger seat belts, but denies that the absence of restraints reflects wrongdoing and rejects allegations of negligent hiring, training, retention or supervision.
In its affirmative defenses, CMCSS adds that its employment decisions are “discretionary functions” protected by governmental immunity.
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Governmental immunity central to district’s defense
CMCSS argues that most of the family’s claims cannot proceed under the Tennessee Governmental Tort Liability Act. The district states that it is immune from all claims except negligent operation of a motor vehicle, and that the family is not entitled to a jury trial under the statute.
The Davis family is seeking up to $5 million, the maximum allowed under Tennessee law for this type of case. However, CMCSS argues that statutory caps limit any award to $700,000 when combined with other claims arising from the same incident.
In its closing request, the district asks the court to “dismiss plaintiff’s Complaint with prejudice, award Defendant its costs and attorney’s fees incurred in this action, and award Defendant any such other relief that this court deems just and proper.”
The district also argues that Ducksworth was not acting within the scope of her employment at the time of the crash due to her medical condition, stating she did not “maintain the capacity to be acting within the course and scope of her employment.”
Family’s attorney: ‘Dashcam footage doesn’t lie’
Attorneys for the Davis family criticized the district’s response, saying CMCSS is attempting to avoid accountability.
Morgan & Morgan founder John Morgan and attorneys Susan Neal Wiley and Michael Small issued this statement: “Zoe’s family is disappointed and disheartened by CMCSS’s continued failure to take accountability for its failures on March 27, 2026. The community and survivors deserve answers and transparency. Instead of taking responsibility, CMCSS is attempting to shield itself from any consequences.”
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The attorneys also pointed to the dashcam video of the crash. “Dashcam footage doesn’t lie,” the statement said. “The NTSB confirmed it. CMCSS’s own filing states that the school bus crossed the centerline and struck an oncoming dump truck, killing two children and injuring dozens more. Morgan & Morgan will not rest until justice is served for this devastated family.”
CMCSS spokesperson Anthony Johnson previously told Clarksville Now the district is unable to comment on pending litigation.
Investigations by the Tennessee Highway Patrol and the National Transportation Safety Board remain ongoing.
Community frustration grows as questions linger
Ducksworth’s personnel file obtained by Clarksville Now shows no prior disciplinary actions, complaints or accidents, according to previous reports.
The file includes multiple standard medical examiner’s certificates showing she met all Federal Motor Carrier Safety Regulations, with her most recent certification valid through February 2027.
The circumstances surrounding the accident have been a point of tension in the community. At the May 19 School Board meeting, family members of crash survivors criticized the district’s handling of the tragedy, according to previous reports.
The frustration intensified at this past Tuesday’s formal meeting, when Jessica Davis—Zoe’s mother—said the board’s lack of outreach “reeks of apathy.”
Later in the meeting, audience members shouted that complaints had been made against Ducksworth before the crash. Some parents claimed they had called with concerns in late 2025. However, Johnson confirmed that any substantiated concerns would be documented in the driver’s file, and no such documentation exists.
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