AUSTIN (KXAN) — A preschool teacher injured when a concrete pump truck careened into a Hays County school bus nearly two weeks ago — killing a five-year-old and a University of Texas doctoral student — accuses the driver, who admitted to police he consumed cocaine within 24 hours of the crash, of “evil, depraved gross negligence,” according to a civil lawsuit filed Thursday, first obtained by KXAN Investigates.
“I’ve been doing this for quite some time and helped a lot of people in serious incidents but this is one of the worst, most depraved and grossly negligent conduct by a truck driver and employer I have ever seen,” the victim’s attorney, Sean Breen exclusively told KXAN.
The lawsuit, filed by Deborah Serna and her husband, is seeking more than $1 million in damages. As a result of the rollover accident, Serna was “severely injured” with at least four broken bones in her back, according to the lawsuit. Despite her injuries, she helped get the young children off the bus before being treated by paramedics.
Serna suffered “multiple other serious injuries” and will be out of work for “quite some time to attempt to rehab and allow her body to heal properly,” the suit states.
The lawsuit, filed in Bastrop County, names the driver, Jerry Hernandez; his company, FJM Concrete Pumping, LLC; the company’s owner, Francisco Martinez and GEICO insurance company as defendants.
The lawsuit accuses FJM Concrete of negligent hiring, training, supervision and retention of Hernandez.
“When you look at the freight train of opportunities that this owner and the company had, you can see that this is off the charts negligence,” Breen said.
KXAN has reached out to Hernandez’s attorney and the attorney representing FJM Concrete, LLC for comment.
“This case is a textbook example of how evil, depraved gross negligence can wreak havoc and destruction on the best and most innocent in our world,” states to the lawsuit, which was filed by Howry, Breen & Herman in Austin. “The level of negligence and gross negligence by the Defendants in this case truly shocks the conscience.”
The lawsuit accuses Hernandez, who was arrested and charged with criminally negligent homicide, of being “[i]mpaired on drugs, unfit to drive and equipped with a deadly multi-ton vehicle that became a weapon” turning a zoo field trip into a “life taking, life shattering explosion of terror and mayhem when he smashed his truck into a bus full of innocent, unsuspecting people.”
Federal transportation authorities said Hernandez was prohibited from driving a commercial vehicle because of multiple failed drug tests and disqualified him from further commercial driving, according to a March 29 order.
Breen says he hopes this case will put pressure on lawmakers to make sure there are seatbelts on all school buses.
“She (Serna) is seriously hurt, but a small child lost his life and a family is grieving, and another young man behind them was killed and that family is grieving,” Breen said.
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