Updated with funeral details.
CLARKSVILLE, TN (CLARKSVILLE NOW) – The family of one of the girls killed in the Kenwood Middle School bus crash is filing a lawsuit against the Clarksville-Montgomery County School System and the CMCSS bus driver.
On March 27, the bus was traveling to a STEM-based student competition in Jackson with 24 students and five adults aboard. At about noon, it crashed on Highway 70 with a TDOT dump truck and a Chevrolet Trailblazer, according to previous reports. Two eighth-grade students were killed – Zoe Davis and Arianna Pearson – and several more were critically injured.
Dash cam video from a car behind the bus shows the bus steadily crossing the double yellow lines before hitting the dump truck head-on. There has been no indication yet of what caused the bus to cross the yellow lines.
The parents of Zoe Davis filed the lawsuit in Carroll County through law firm Morgan and Morgan, which provided the documentation to Clarksville Now news partner WKRN-News 2 in Nashville.
The lawsuit claims the bus driver 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 asses the driver’s “fitness for employment as a school bus driver” prior to her employment and not offering adequate training.
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Zoe’s parents are asking for a jury trial. The maximum amount that can be awarded in the state of Tennessee is $5 million.
The parents released a statement through Morgan & Morgan: “Our hearts are broken and our lives have been shattered by the loss of our daughter, who was bright, funny and one-of-a-kind. We have filed this lawsuit to uncover how this could have happened, and to ensure that no other parents have to endure this unimaginable tragedy.”
Morgan & Morgan founder John Morgan and attorney Susan Neal Wiley issued this statement: “Our clients suffered the devastating loss of their daughter in this tragic incident. Families place their trust in school transportation systems to ensure their children’s safety each day. We are conducting a thorough investigation to determine how this occurred, and are committed to holding those responsible accountable for their negligence while pursuing justice on behalf of our clients.”
CMCSS spokesman Anthony Johnson told Clarksville Now the district cannot comment on pending litigation.
Funeral services planned for Zoe, Arianna
Zoe Anne Davis, 13, is the daughter of John and Jessica Linnea Van Duzer Davis III, according to her obituary. She was was a member of the STEM Club, enjoyed theater and art and was an aspiring engineer. She loved all genres of music and was very involved in Song’s Taekwondo, where she earned her black belt.
A Celebration of Life for Zoe will be held at 1 p.m., Saturday, April 4, at Neal-Tarpley-Parchman Funeral Home. Visitation will be from 10 a.m. until the service.
Arianna Elise Pearson, who would have turned 14 on March 29, is the daughter of Whitney Wilson and Devin Pearson. She dreamed of becoming an aerospace engineer and had recently been accepted into the Engineering Academy at Kenwood High School, according to her obituary.
A Celebration of Life service for Arianna will be held at 10 a.m. Tuesday, April 7, at Walnut Grove Missionary Baptist Church, 1616 Walnut Grove Road. Visitation will be Monday, April 6, from noon to 7 p.m. at Foston Funeral Home, 816 Franklin St., with the family present from 5-7 p.m.
| PREVIOUSLY:
- NTSB joins investigation into what caused school bus crash
- T-shirt fundraiser for Kenwood Middle families under way from Education Foundation, Q108
- Parent describes moments before, after school bus crash
- ‘My heart is heavy’: Mourners gather in vigil for students killed in bus crash | PHOTOS
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