September 19 2006- Lawsuit in deadly New York bus crash blames driver

Fifteen victims of last month’s deadly Greyhound bus crash in northern New York have filed suit against the company, claiming the driver fell asleep before the New York-to-Montreal bus flipped in the highway median and killed five, including him.

The account contrasts with that of emergency officials, who said Ronald Burgess’ struggle to keep the bus upright in the final seconds may have prevented other deaths.

The 52-year-old Burgess was buried so deeply in the partly flattened bus that his body was the last to be dug out, hours later.

The Connecticut-based attorney who filed the lawsuit last week in Dallas said he expected another dozen victims among the 48 survivors to join it. Three of the plaintiffs so far are from New York state; the rest are from Canada.

“We’re looking for at least $20 million (€15.8 million) in Texas,” Edward Jazlowiecki said Tuesday.

Officials said the Greyhound bus flipped on the evening of Aug. 28 on a remote stretch of Interstate 87 in the eastern Adirondacks. State police identified only the failure of one front tire as a possible factor and said there was no indication of criminal wrongdoing.

But the lawsuit, which lists Greyhound Lines Inc. as the defendant, claims Burgess frequently talked on his cell phone and listened to an iPod-like device with headphones while driving that evening.

The lawsuit also claims Burgess did not get enough rest before starting the trip and drove faster than necessary.

The lawsuit also attacks Greyhound, claiming the company should have known Burgess was unfit to drive.

A Greyhound spokeswoman said the company had not yet been served with the lawsuit Tuesday afternoon and therefore had no comment.

Spokeswoman Anna Folmnsbee said any driver who feels unfit to drive is given 24 hours to recover at any time, and without penalty. Drivers are supposed to be off-duty at least 10 hours before driving, she said. Greyhound drivers are also not allowed to use cell phones while driving.

Burgess had driven for Greyhound since 1999. Folmnsbee had declined to release details about Burgess’ driving record, citing confidentiality rules.

The bus, which entered service in September 1999, had passed its annual Federal Department of Transportation inspection a week before the crash.