On Friday June 28, 2013, a federal judge tossed out a suit filed against a Portland transit agency and its bus driver, who struck five pedestrians, killing two of them.
The deadly bus accident took place back in April of 2010. The federal suit claimed that the accident violated the victims’ constitutional rights. U.S. District Court Judge Michael Mosman rejected that claim. Judge Mosman dismissed the case with prejudice, which means it can not be re-filed.
The bus was driven by Sandi Day. According to witnesses, Day made an illegal left turn and the 16-ton bus hit five people who were crossing the street.
Danielle Sale, 22, of Vancouver and Jeneé Hammel, 26, of Gresham, both died under the bus. Hammel’s brother, his wife, and Sale’s boyfriend were all injured in the accident.
TriMet, the owners of the bus, fired Day after an investigation. Day was found guilty of six traffic charges, including four counts of careless driving back in 2011.
Day was sentenced by the presiding judge to pay more than $1,000 in fines, do 200 hours of community service, and complete a traffic safety course.
The lawsuit, which was filed on behalf of Sale, accused TriMet and Day of an “arbitrary governmental taking” of the woman’s life.
The dismissed suit alleged, “Day’s negligence behind the wheel amounted to a government employee interfering with fundamental rights implicit in the concept of an ordered liberty.”
The victims had just left a comedy club. They had the right of way in a crosswalk when Day made a courtesy stop to allow a late-night rider to get off. This stop was not an official bus stop. At this point, Day illegally crossed a lane and turned left from Northwest Glisan Street onto Broadway.
The suit alleged, “Day chose to speed through the intersection without braking until she hit the pedestrians.”
This will not be this accident’s last day in court, as other suits are pending
David Sale, the father of Danielle Sale, and Vicki Flynn, the mother of Jeneé Hammel have all filed lawsuits against the transit agency. Those cases are still pending.
After the deadly accident, TriMet did an extensive safety review, but the lawsuits claim TiMet, “had a policy and practice of encouraging drivers to accelerate unsafely and make illegal turns.”
The complaint also accused TriMet of knowing of the hazardous blind spots for short drivers and about the unsafe courtesy stops.
TriMet spokeswoman Roberta Altstadt told local media that, “Amalgamated Transit Union is challenging Day’s termination and the matter is awaiting arbitration.” Day was hired back in October 2007.