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Published: December 01, 2008 07:00 pm    print this story  

Woman: Bus failed to stop, rammed her car

Injured driver sues BATA

By ART BUKOWSKI
abukowski@record-eagle.com

TRAVERSE CITY -- A woman who said she suffered serious injuries when a Bay Area Transportation Authority bus rammed her car is suing the agency.

Candace M. Schoech seeks at least $25,000 in damages following a July 13, 2007, crash at the intersection of Summit City and Walton roads in Grand Traverse County's Paradise Township.

Schoech's suit, filed last week by Traverse City law firm Dingeman, Dancer & Christopherson, alleges a BATA bus failed to stop at a stop sign on Walton Road and "violently crashed" into Schoech's station wagon as she drove north on Summit City Road.

Her crash-related injuries "constitute a serious impairment of body function and/or permanent serious disfigurement," according to the suit, which lists a concussion, herniated spinal disks and chronic pain and depression as some of Schoech's problems.

A Grand Traverse County Sheriff's Department crash report indicates the bus driver, Raymond J. Fulk, was ticketed for failure to yield. The suit alleges he drove the bus in a "careless and negligent manner" and may have been driving too fast to stop.

BATA interim Executive Director Don Scharmen did not return a call for comment. Assistant Director George McBath said Fulk continues to work for BATA, but deferred additional comment to Scharmen.

Rob Bacigalupi, a BATA board chairman, said he was aware of the crash but not the details of the suit.

"Obviously, because of the nature of the business, there will be lawsuits," he said.

Dingeman, Dancer & Christopherson also handled a 2007 lawsuit against BATA in which a local man alleged a bus ran over his foot. That suit ended in a settlement, court records show.

BATA also has come under scrutiny in recent months for a series of injuries to disabled passengers on its buses. Two were injured when their wheelchair or scooter tipped over; two others were thrown from their wheelchairs.

The board plans to ask BATA's internal safety committee to investigate and complete a report about the passenger injuries, Bacigalupi said.

Schoech could not be reached for comment.

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