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Plaintiff,
Civil Action No: 17- -NO
v. Hon.
Defendants.
______________________________________________________________________________
There is no other civil action between the parties arising out of the
same transaction or occurrence as alleged in this Complaint
pending in this court, nor has any such action been previously filed
and dismissed or transferred after having been assigned to a judge.
I do not know of any other civil action, not between these parties,
arising out of the same transaction or occurrence as alleged in this
complaint that is either pending or was previously filed and
dismissed, transferred, or otherwise disposed of after having been
assigned to a judge in this court.
______________________________________________________________________________
NOW COMES the above-named Plaintiff, by and through her counsel, MARKO LAW
PLC, and for her Complaint against the above-named Defendants, states as follows:
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JURISDICTION AND VENUE
1. This is an action for money damages brought under the statutes and common law
2. Venue is proper in this Court as all of the events giving rise to this action occurred
3. Plaintiff Val McFarland, and her minor, Callahan McFarland, are residents of
4. Callahan is a special needs student, who is non-verbal and autistic and who, at all
times relevant to this Complaint, was a student at Walled Lake Consolidated Schools.
conducts school bus operations for over 80 school districts, including Walled Lake Consolidated
Company.
Company.
8. At all relevant times hereto, Defendants John Doe and Jane Doe were employed
by, associated with, or otherwise under the authority and control of Dean Transportation and
9. Callahan is a non-verbal 13-year-old boy suffering from autism that renders him
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10. For the past two years, Callahan has only ridden a bus with one other student,
11. Jane Doe, a special needs bus aide, is present on the bus due to the severe
12. On September 19, 2017, Callahan was being driven home from Walnut Creek
Middle School, located in the Walled Lake Consolidated School District, by a Dean
13. On that date, a new student, Jason, was riding on the bus with Callahan, the
14. Jason is much larger than Callahan and is prone towards fits of violence, as he
15. Jason is the only child on the bus who is physically restrained.
16. Callahans parents were never informed or aware that a new student had been
17. Although the bus had numerous rows of empty seats, and despite Jasons known
propensity for violence, Jane Doe placed Callahan near the back of the bus, in the seat right
18. Jane Doe then walked to the front of the bus, several rows in front of Callahan
and Jason, and sat next to another student whose only disability is ADD/ADHD, and who
19. During the ride home, Callahan was in his seat, lying down, when Jason,
unprovoked, reached over to him and gouged his face, causing visible injury.
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20. Callahan tried to alert John Doe and Jane Doe that he was hurt and in danger in
21. However, instead of investigating and moving Callahan away from Jason, John
Doe and Jane Doe ignored his pleas and told him to quiet down.
22. At Jasons stop, without repositioning Callahan, Jane Doe got behind Jason and
unhooked his restraints, leaving a clear path between him and Callahan, instead of positioning
23. Jason immediately ran towards Callahan and began bashing him on the head and
shaking him.
24. Callahan is small for his age and suffers from a Chiari malformation, which is a
structural defect at the base of his skull and cerebellum that makes Callahan susceptible to head
injuries.
25. Jason is much larger than Callahan and is almost as tall as Jane Doe.
26. If John Doe or Jane Doe addressed the initial assault, instead of negligently
27. Had Jane Doe not placed Callahan near a dangerous student without supervision,
28. Even though Callahan had clear and visible injuries, Jane Doe and John Doe
failed to contact Callahans parents, the police, emergency medical services, or the school to
29. At Callahans bus stop, Callahan walked off the bus with blood running down his
face.
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30. Instead of explaining the severe assault that had occurred, John Doe told
Callahans father, Kevin McFarland, that Callahan had been crying on the bus and hitting the
31. While leaving the bus, Callahan was holding his head, still yelling and crying,
32. Though Jane Doe and John Doe did not inform Callahans parents that he had
been assaulted, it was apparent from the severity of his visible injuries that something traumatic
occurred.
33. Since Callahan is non-verbal, he could not explain how he was injured.
34. Due to the severity of Callahans injuries, his parents took him to urgent care.
35. Callahans parents attempted to call the school and the bus company to determine
what had happened, but no one would relay any information, so they had no information to
refused to release footage of the incident for over 24 hours, further preventing doctors from
37. Since this assault, Callahans behavior has regressed dramatically. He often holds
his head and cries, gets anxious in vehicles, and has several diagnoses, including a concussion.
38. Because Callahan is non-verbal and autistic, medical testing, treatment, diagnosis,
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40. As a direct and proximate result of Defendants illegal acts and/or omissions,
Plaintiff suffered the following injuries and damages including, but not limited to:
b. mental anguish;
c. emotional distress;
d. severe anxiety;
g. medical treatment;
COUNT I:
NEGLIGENCE/ GROSS NEGLIGENCE
42. Defendants breached their duties to Plaintiff in at least one or more of the following
d. Negligence in holding Jane Doe and John Doe out as competent and
trustworthy;
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g. Failing to call the police and/or medical personnel;
43. As a direct and proximate result of these Defendants negligent, gross negligent,
WHEREFORE, Plaintiff requests that this Court award to the Plaintiff and against the
f. Such other and further relief as appears reasonable and just under the
circumstances of this case.
RELIEF REQUESTED
WHEREFORE, for the foregoing reasons, Plaintiff seeks judgment for damages in her
favor in whatever amount a jury deems fair and reasonable, together with her interest, costs, and
attorney fees.
Respectfully submitted,
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JURY DEMAND
NOW COMES Plaintiff, by and through her attorneys Marko PLC, and requests a
trial by jury.
Respectfully submitted,
CERTIFICATE OF SERVICE