CLEVELAND, Ohio — The Higher Cleveland Regional Transit Authority did not improve and examine its buses, together with the one which struck and killed a sixty nine-yr-previous lady one yr in the past at Public Sq., in accordance with a lawsuit filed Thursday.
The lawsuit was filed on behalf of Joan Kuendig, who died Dec. 7, 2016 when bus driver Antoinette Peterkin rolled via a cease signal and hit her.
The lawsuit, filed in Cuyahoga County Widespread Pleas Courtroom, names RTA and Peterkin, and seeks a minimal of $25,000 in damages and a jury trial.
The go well with solely seeks punitive damages from Peterkin.
“Solely Ms. Peterkin has been held accountable for her position on this tragedy,” lawyer Michael Becker of the Becker Regulation Agency which filed the go well with stated in a press release. “The lawsuit we filed at the moment is meant to carry the Larger Cleveland RTA accountable for its position in Ms. Kuendig’s dying.”
A message looking for remark from RTA was not instantly returned.
Kuendig, a sixty nine-yr-previous mom and grandmother, was struck about 7:30 a.m. as she crossed the road outdoors the Key Tower as Peterkin drove the bus across the sq. on East Roadway Avenue close to Rockwell Avenue.
Peterkin rolled by way of the cease signal and began a left flip. She by no means got here to a full cease, and struck Keundig as she walked into the marked crosswalk.
The impression of the bus and the bicycle rack on its entrance finish despatched Kuendig flying into the air and crashing onto the pavement. She suffered a number of cranium fractures, bleeding on her mind and a number of damaged ribs, the lawsuit says.
Kuendig died at MetroHealth 22 days later together with her youngsters, William and Patricia Kuendig, by her bedside.
Peterkin was fired after an RTA committee assigned to evaluation the incident discovered that she did not come to a full cease, and that the collision was preventable.
She was indicted by a grand jury the subsequent month and ultimately pleaded responsible. She was sentenced to a yr’s probation and 20 hours of group service at MetroHealth every month of her probation.
The lawsuit claims Peterkin acted negligently when she rolled via the cease signal.
RTA is accountable to ensure its buses are working correctly and are protected earlier than sending them out on the streets, and Becker stated the company failed to take action.
Surveillance video from the bus confirmed Kuendig walked immediately into the crosswalk because the bus approached the cease signal and by no means appeared up. Becker stated the buses are outfitted with audio warnings that alert…