First lawsuit over bus crash filed
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BY MARK GUNDERMAN mgunderman@chippewa.com
Tuesday, November 8, 2005 11:00 AM CST
The first in what may be a series of lawsuits stemming from the Oct. 16 crash of the Chippewa Falls Senior High School band bus has been filed in Chippewa County Circuit Court.
The parents of Branden Atherton, James and Patti Atherton of Waukesha, filed a wrongful death suit Monday for an unspecified amount.
Named as defendants are: Whole Foods Market Group Inc., the owner of the semi involved; Michael J. Kozlowski, the driver of the semi; Chippewa Trails Inc., the owner of the charter bus; and the insurance companies covering each.
The names of the insurance companies, which will be identified through the course of the suit, are represented at this time only by fictitious initials. Also named as a defendant is Employers Mutual Casualty Company, the worker's compensation insurer of Branden Atherton's employer.
Branden Atherton, a student teacher from the University of Wisconsin-Eau Claire who had been working with the Chi-Hi band program, was one of five people killed when the Chippewa Trails bus carrying band members and school staff struck the underside of a semi that had overturned, blocking both lanes of Interstate 94 near Osseo.
Also killed were band director Doug Greenhalgh, his wife Therese Greenhalgh, their granddaughter Morgan Greenhalgh, and bus driver Paul Rasmus.
Over 30 people were injured, some severely.
The Atherton suit starts the process of determining who should be held responsible for the deaths, injuries, and enormous costs associated with the accident.
Kozlowski was driving the semi when it jackknifed and overturned onto its side, blocking both lanes of traffic in the middle of the night. The bus then struck the semi. An investigation has raised the questions of whether the brakes on the bus were in good working order, and whether Rasmus even had time to brake before the collision.
The suit alleges that Kozlowski was negligent in the operation of the semi and was acting within the scope of his employment with Whole Foods Market Group, which is therefore liable for his negligence.
The suit also states that Chippewa Trails was negligent in the maintenance of the tour bus "and that negligence was a substantial factor and proximate cause of the collision and/or the severity of the collision."
The suit states that as a result of the collision, Atherton's estate incurred medical and funeral expenses, and that his parents suffered the permanent loss of their son.
The Athertons ask in the suit that the issues raised be tried before a 12 person jury.
The law firm of Habush Habush and Rottier of Wausau is representing the Athertons.
The defendants have 45 days after being served with the suit to respond.
Reach Mark Gunderman at mgunderman@chippewa.com.
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