The Hampton Roads Transit bus driver told the 13-year-old girl, who was “upset about a family situation” and had gone out after curfew, that she had to get off the bus at the end of the line. A man approached, befriended and later allegedly assaulted her. Her mother has now filed a $10 million suit against the transit system. Plaintiff’s lawyer Jason Roper says “someone” should have “call[ed] someone… You can’t tell me that no one could foresee this happening.” (Duane Bourne, “HRT, driver sued over sexual assault on teen”, Virginian-Pilot, Mar. 2)
Fled home, rode bus to end of the line
The Hampton Roads Transit bus driver told the 13-year-old girl, who was “upset about a family situation” and had gone out after curfew, that she had to get off the bus at the end of the line. A man approached, befriended and later allegedly assaulted her. Her mother has now filed a $10 million suit […]
7 Comments
Put this one in the damned if you do damned if you don’t file. What if the bus driver refused to allow her on the bus and the same thing happened? Unless there was a policy in place requiring him to call the police, I don’t see where this merits a lawsuit.
Just how foreseeable was it? If she claims it was so obvious that any 13 year old could have predicted the outcome then out goes her suit. (at least from the logical perspective of the rational thinking man)
Transit operators are typically “common carriers” and how a heightened degree of care to its passengers, especially those of special needs. So, in this case I think a call into his headquarters for further instruction on the situation would be appropriate. I do, however, see somewhat of a disconnect between the driver’s alleged failure to act and the damages she incurred from the alleged assault. If the victim’s attorney wants to hold the wrongdoer accountable—get your millions from the alleged assailant, not the taxpayers.
As usual, Mr. Olson, your post misrepresents the article and the facts. She didn’t break her curfew, as your post implies. She violated the city’s curfew.
You’re such a hack.
“Yemen” chooses to read my phrase “gone out after curfew” as implying a curfew set by her family as distinct from one set by town ordinance, and then claims to be offended because the linked news report specifies the second of these. But all the leading Google entries on “curfew” refer to the government- rather than the family-imposed kind, which might illustrate why I figured the term spoke for itself. (The Wikipedia entry lists the officially imposed type of curfew first and the family type second).
It’s nice to feel appreciated, though.
As a poster took aim at the word “curfew,” I felt it was prudent to actually look at the curfew law in Virginia Beach.
The statutes say that if a minor under the age of 18 is found out on the streets between the hours of 11 PM and 5 AM, the minor and the “parent, guardian or other adult person having the care, custody or control of any minor” are the ones breaking the law.
I know it is old fashioned, but I have a hard time holding a bus driver to a higher accountablity than the people that actually were breaking the law.
In this case, if the mother was this upset, sue the grandmother as it was she who was (not) watching the child.
If she cannot discipline nor knows what her child for thirteen years is thinking or doing, she expects a bus driver to set her straigh in the few hours she rode the bus with him? Wow, maybe HRT and the driver should counter-sued the family, the rappist in question, the family lawyer and the city judges that have allowed this ridiculous lawsuit. Do not get me wrong, it is unfortunate what happened to this yound lady, but Mom, first slap yourself, then make sure the rappist spend a good amount of time in jail, and finally, let the grand-parents know their grand-child will never spend a night at their home ever again. DROP THIS RIDICULOUS CHARGE AGAINST THE POOR BUS DRIVER and see that your girl get the best care possible MOM.