Lowell Sun, June 20, 2005, page 1

Groton family sues bus driver, schools for leaving son in van

By LISA REDMOND, Sun Staff
Lowell Sun

LOWELL -- Strapped in his wheelchair in a sweltering special-needs van for six hours, an 11-year-old disabled boy suffered brain damage as the Groton-Dunstable School van driver drank coffee with her boss, then drove to her New Hampshire farm, according to a lawsuit.

Susan and Glenn Searles, parents of Danny Searles, have filed a civil lawsuit in Lowell Superior Court, claiming the van driver, Deborah Stone, 47, of Hollis, N.H., and the Groton-Dunstable Regional School District were negligent two years ago for leaving their son in the hot van for six hours.

The Searles' attorney, Jeffrey Roy, wrote in the lawsuit that the boy, who has epilepsy and limited cognitive abilities, suffered further brain damage when his body temperature soared to 104 degrees.

The lawsuit, filed within the past few weeks, targets the school district because policies that require checking the school bus after a morning drop-off were not followed. It seeks monetary damages.

Stone could not be reached for comment yesterday. Groton-Dunstable Superintendent of Schools Mary Jennings was also unavailable.

On Aug. 21, 2003, Danny, who is immobile in a wheelchair, failed to show up at Children's Extended Care Center at 22 Hillside Ave., Groton. Transportation is provided by the Groton-Dunstable Regional School District.

Stone was a substitute van driver who had never driven a wheelchair-equipped, special-education van and had no special training or instruction from the school district before driving it, Roy wrote.

The day of the incident, Stone picked up Danny at his home and secured the wheelchair in the back corner of the van on the driver's side. He was the only passenger.

Instead of driving him to his program, she drove to the Groton-Dunstable Middle School, where buses are stored and parked. There, she parked the wheelchair van, apparently unaware that Danny inside, picked up her usual van and drove to the Main Street Cafe in Groton, where she met her supervisor, Phyllis Jewett, who is also named in the lawsuit, for coffee.

After 30 minutes at the cafe, Stone drove back to her home in Hollis, N.H., as was her habit, until it was time to pick up Danny from the center.

As Stone sipped coffee and then drove home to her farm, “Danny was trapped inside the wheelchair van in the parking lot of the school complex unable to move, free himself or call out for help,'' Roy wrote.

The day was hot and humid, well above 90 degrees.

At around 3 p.m., Stone returned to the lot and retrieved the wheelchair van, apparently unaware she had left Danny in the van all day. She drove to the Children's Extended Care Center, apparently believing she had dropped Danny off in the morning.

After learning Danny was not in school, Stone began driving back to the lot. That's when she saw Danny still strapped in. “His head was lolling just above the seats,'' Roy wrote.

The boy was unresponsive and lethargic, with saliva coming from his mouth, according to the lawsuit. Danny had bruising on his neck from chafing against the wheelchair restraints in the school van.

Danny was taken to Nashoba Valley Medical Center in Ayer, where his temperature was brought down and testing revealed he had suffered some brain injury. He was transported to North Shore Medical Center in Salem for treatment.

After an investigation, Department of Social Services has concluded that Stone was negligent. In February 2004, Stone was sentenced to two years probation and barred from driving a school bus for life after pleading guilty to criminal child endangerment.

There was no evidence of drug or alcohol abuse. In court documents, Stone is quoted as calling the incident “a terrible mistake resulting from an inexplicable mental lapse.''

Since the incident, the school district has amended its procedures requiring bus and van drivers to check for passengers after finishing a route.

Lisa Redmond's e-mail address is lredmond@lowellsun.com.

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