Woman sues Vidor businessman after handicapped son struck

By David Yates | Apr 4, 2007

A Buna woman is suing a Vidor business owner after her handicapped son was hit by a car as he boarded a school bus.

Tanya Poole filed the lawsuit on behalf of her minor son against E.R. White on March 29 in Orange County District Court.

At around 7:30 a.m. on March 8, Poole's son was getting on a school bus in front of their home on Highway 62 with warning lights displayed.

The original petition claims the defendant was in the scope of employment with White Lumber Sales and "failed to yield to the school bus, traveled on the passenger side of the school bus, striking the plaintiff and severely injuring him."

The boy, who is mentally handicapped, suffered injuries to his head, neck, arm and body.

Poole is claiming that White was negligent and acted with careless and reckless disregard.

The defendant "failed to comply with the Texas Traffic Code which requires vehicles to stop behind a stopped school bus while that bus loads and unloads children," the petition states.

The plaintiff argues that the defendant was aware of the risk "but nevertheless proceeded with conscious indifference" to the safety of the children.

Poole was a bystander and observed her son in the yard after he was struck and claims she suffered severe mental anguish.

In addition, the petition says that as a result of the trauma, Poole's son can no longer take care of his own personal needs and has regressed in his mental and emotional progress.

Poole argues that because of the incident, she has to care for her son around the clock, causing her to ignore her business and resulting in her own physical injuries from the demands of care.

Plaintiffs are seeking damages for past and future medical expenses, physical pain and suffering, physical impairment, loss of earnings, loss of parental consortium, mental anguish, loss of mental function and disfigurement.

Brett Thomas of Roebuck & Thomas in Beaumont is representing the plaintiffs.

The case has been assigned to the 163rd Orange County District Court.

Case number: 70158C

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