Lawsuit filed after Macon Co. bus hits child

TUSKEGEE, AL (WSFA) - Legal action is being taken after a Macon County school bus ran over a child, critically injuring him.  The family of the little boy injured in the incident filed the suit Friday against the Macon County School Board and the bus driver, now identified as Barbara Samuel.

The victim, 5-year-old Soloman Davis, is being treated at Children's Hospital in Birmingham. While Davis' condition is said to be improving, his injuries are extensive. He has a crushed pelvis, ruptured spleen, and internal bleeding. He is also on a respirator.

Attorneys with Strickland & Kendall, LLC tell WSFA 12 News exclusively that the lawsuit was filed so early on the investigation to preserve the evidence. They believe there is a defect with the bus and want to make sure nothing is done that would jeopardize proving that.

The accident comes just months after a report from the state showed nearly half of the county's school buses had major problems and needed immediate repair.  Macon County School officials said all the buses were fixed and believe the accident is unrelated.

Attorney Michael Strickland says the sole purpose of this lawsuit is the prevent it from happening again. "No matter how much he gets for his benefit it will never make him back whole again due to the type of injuries that he has suffered.  But, if you can prevent this type of injury from occurring again, that is one of the main things you look for in this type of case," says Strickland.

WSFA 12 News called Macon County Schools Superintendent, Dr. Jacqueline Brooks and left a message. She has not yet returned our phone call.

Copyright 2011 WSFA 12 News. All rights reserved.

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