PRESTONSBURG - A jury trial set here next month has been cancelled and the case settled for what were described in an April 2008 lawsuit filed by John Kirk as "very severe injuries" to Kenzie Little and Gary Little, ages three and five at the time of a collision between a vehicle operated by their mother, Stacey Scott, and a Floyd County school bus operated by Victor Harper. The crash occurred at Poplar Fork near Weeksbury in April 2007.
The complaint alleged that the "crash was violent" and that it "caused very severe injuries" to all plaintiffs "especially to Kenzie who" the complaint alleged, "sustained severe damage to her face and to her brain and spine." The injuries, it was alleged, caused a need for "extensive medical care and treatment" and also claimed that the injuries would cause permanent "psychological consequences."
According to the complaint, Harper had operated a school bus that had been involved in two previous accidents and that the Floyd County Board of Education was "negligent per se" for having an allegedly "not qualified" school bus driver and "should have terminated Harper prior to the crash."
"These children were badly hurt," John Kirk said. "Fortunately, medical care including surgery has helped a lot, but additional treatment, including further surgery, will be needed. Bobby Rowe and I are happy that we were able to be of some assistance to Stacey and her little children."
Terms of the settlement are not available. "Part of the agreement to settle everything was that there would be a confidentiality aspect, so I cannot comment about the amount of settlement," Kirk said. "I can say, however, that lawyers for the Board of Education were interested in doing the right thing and that justice has been done."