WHITE CO. – A Carmi couple has filed a lawsuit against some state entities after an accident injured one of the two and has caused what they’re claiming is considerable loss for the both of them.
Kathy Arnold and her husband, former long-time Illinois State Police dispatcher Bill Arnold, filed the suit in White County civil court on September 11 against two public entities, the Wabash County Unit School District #348 and Edwards County Community School District #1, as well as a private individual, Theresa Hopkins, and a private corporation, Robinson Transport.
The suit alleges Negligence and Loss of Consortium in a multi-count complaint that sums it all up by asking for considerable damages in regards to injuries Kathy sustained in a September 22, 2014, accident on the parking lot of Brownsville School in White County.
The accident as basis of the claim
At that time, the Arnolds claim that Hopkins, of Eldorado, was operating her 2007 Toyota, driving in a southerly direction on the parking of the school, when Mrs. Arnold was a pedestrian on the same parking lot, this at about 1:50 p.m. that day.
Mrs. Arnold said that Hopkins collided with her, knocking her to the pavement and causing injuries, which included severe, disabling and disfiguring injuries to her right shoulder, elbow, arm and knee.
In the lawsuit, it’s claimed that Hopkins moved her vehicle when it could not be made safely to all pedestrians, failed to exercise due care to avoid colliding with a pedestrian, failed to keep a proper lookout, failed to sound her horn to warn Mrs. Arnold of her movements on the roadway, operated her vehicle too fast for conditions and failed to stop her vehicle before meeting or overtaking the school buses that were stopped to receive/discharge pupils.
For her medical bills and injuries, Mrs. Arnold is seeking a judgment against Hopkins in excess of $50,000.
Bill Arnold is making the same claims against Hopkins based on a count of Loss of Consortium with his wife following the accident, and he too is seeking a judgment in excess of $50,000 on that Count 2 portion of the claim.
Negligence against school districts
However, where the Negligence counts also come in are against the entities Wabash County Unit School District #348 (WCUSD 348) and Edwards County Unit School District #1 (ECUSD 1).
Under the third count, Mrs. Arnold claims that WCUSD 348 parked its bus in such a manner in the lot that it obstructed the view of cars traversing the lot and contributed to the harm she suffered; it failed to actuate the flashing head and/or signal lamps while loading and/or discharging pupils; failed to extend its stop signal arm or other visual warnings while loading or discharging; and failed to properly train and/or supervise its agents/employees with respect to the flashing head and/or signal lamps, stop signal arm and/or other warnings.
This, Mrs. Arnold said, contributed to her injuries sustained in the collision with Hopkins’ vehicle, and under this count she’s also asking for a judgment in excess of $50,000.
Under the fourth count, Bill Arnold is seeking the same sum under the Loss of Consortium claim, this against WCUSD 348.
Similar claims for Edwards, Robinson
Under Count 5, Mrs. Arnold makes the same claim against ECUSD as is made against Wabash County, as regards their culpability and accountability in the ultimate collision between Hopkins and Arnold.
Under Count 6, Bill Arnold makes the same Loss of Consortium claim.
Each count has the same damage in excess of $50,000 demand.
In a seventh count, Mrs. Arnold lists a claim of Negligence against Robinson Transport, Inc.
Court documents show that Robinson Transport has a registered agent listed as Joyce E. Robinson, of Herod.
Robinson Transport provides buses for many of the school districts in the southeastern and southern Illinois area.
Arnold’s claim against Robinson pertains to the operation of the school buses, largely the same claim as she has against both school districts in that the buses were parked in such a manner in the lot to obstruct the view of those operating motor vehicles, as well as the issues of failing to actuate flashing head and/or signal lamps and failing to extend stop signal arms or other visual warnings.
The eighth count in the claim is a repeat of the seventh, but as to Bill Arnold’s Loss of Consortium claim.
Each have the same in excess of $50,000 claim attached.
The Arnolds are being represented by Hassakis and Hassakis of Mt. Vernon, Illinois.
As of press time, there had been no court date set following the Sept. 21 filing.