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Family of 5-year-old fatally struck by school bus in Hyde Park sues bus company
Lens Joseph, 5, died after he was hit by a BPS school bus driven by a Transdev employee with an expired certificate.
The family of a kindergartener fatally struck by a school bus in Hyde Park is suing the troubled operator of the Boston Public Schools’ transportation system.
Lens Joseph, 5, was a student at the UP Academy Dorchester. He was hit by the bus on his way home from school on Washington Street in April.
Transdev, the district’s transportation contractor, quickly placed Jean Charles, the bus driver, on leave, BPS said at the time.
Charles resigned two weeks later when it was revealed he had an expired school bus certificate at the time of the crash.
The company, an $11 billion international company based in France, has faced at least 15 personal injury claims since it began managing BPS buses in 2013, The Boston Globe reported. One lawsuit filed last month alleges negligence was involved when a bus driver hit a BPS student in Jamaica Plain.
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Joseph’s family is suing Transdev, claiming their negligent hiring and training caused emotional distress for the family, including a 11-year-old cousin who witnessed the incident, according to a lawsuit filed in Suffolk Superior Court.
Transdev did not return a request for comment.
The lawsuit alleges that before Charles fatally struck Joseph, he hit two parked cars. Charles, who was working as a substitute driver that day, allegedly drove away from the scene and failed to report the incident to his supervisor.
Charles, who was pulled off the road two weeks before the incident for additional training, then missed Joseph and his cousin’s bus stop, requiring them to cross the street to get to their home.
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“The usual drop-off location would not require Lens and Jane Doe to cross the street in front of the bus to walk home,” the lawsuit said. “Lens attempted to cross the street in front of the bus to go home.”
The lawsuit describes Joseph’s family members witnessing the crash and seeing the boy on the street after the incident, including his grandmother and aunt.
The 5-year-old was transported to Boston Children’s Hospital, where he died. His uncle Ricardo Joseph was taken to see his body, according to the lawsuit.
He was buried in a Spider-Man coffin in May, the Globe reported, where family remembered a boy who was studious, helped around the house, and dreamed of being a police officer.
Transdev negligently monitored drivers and implemented policies, the lawsuit claims, including failing to implement technologies like cameras on school buses and other pedestrian safety features.
While the lawsuit does not specify the amount of damages, the family is asking for an award sufficient for their injuries, medical expenses, pain and suffering, mental anguish, severe emotional distress, and punitive damages.
“We’re devoted to seeking justice for Lens and his family members, and we will remain resolute in that endeavor in honoring his legacy,” the family’s lawyer Matthew Fogelman said. “The family has suffered an unimaginable loss and through a civil lawsuit, there’s monetary compensation, but we’re looking to make changes within the bus industry through legislative aims.”
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Boston Mayor Michelle Wu announced an independent safety investigation into Transdev a month after Joseph died. Wu and BPS Superintendent Mary Skipper decided to bring in Natashia Tidwell, a former federal prosecutor and police officer who specializes in external investigations, to examine safety policies and the company’s performance while under contract with the city.
“We are heartbroken,” Wu said in a statement at the time. “No family should ever suffer the loss of a child, and the public deserves a full understanding of how this could have happened and what changes are needed.”
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