AISD Faces Lawsuit in Accident That Injured 3 Students - KFDA - NewsChannel 10 / Amarillo News, Weather, Sports

02.12.07

AISD Faces Lawsuit in Accident That Injured 3 Students

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    Caprock Parents Seeking Answers

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    Inconceivable, senseless, disturbing... Those are words parents are using to describe the situation surrounding a serious accident involving three Caprock High school athletes.
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    Parents thought their kids were practicing for baseball at the Caprock campus Monday. But they were really driving across town to the Double J batting cages, with teens behind the wheel. And now, after a serious accident parents want some answers...and they have hired an lawyer to help them.

A lawsuit is now on file stemming from a serious accident involving several Caprock high baseball players. 

Three athletes were taken to the hospital after the accident last Monday afternoon.
  

We're told this SUV they were riding in swerved to avoid hitting the car in front of it when the driver over-corrected, rolled and then flipped over the I-40 barrier wall.
  

Parents of three of the victims have filed a lawsuit against two teens... The one driving the SUV and the one driving the car in front of it.
 

The suit claims the drivers negligence led to the accident.

Attorney Jesse Quackenbush is representing the parents, he says unless they settle out of court, the Amarillo Independent School District will also be listed as defendants. 

"I believe the school district bares most of the responsibility,  they were the catalyst that put this tragic accident in motion. Had they made proper judgement calls at the gym, this accident would've never happened."


But the school district says parents signed a waiver allowing their kids to be taken to school functions in a private car.
  

We dug a little deeper to see what kind of license the drivers have, since they are both teens.
  

According to state law, within 6 months of obtaining a license those under 18 cannot drive with more than one passenger under 21 who is not a family member.
 

Amarillo police say the 17-year-old driver of the SUV did in fact have a valid license. They are not certain about the other driver.


"We're exploring whether any other laws were violated in regards to the two children that were involved, they may have very well been driving outside their lawful restrictions."
  

Quackenbush wants the parties he says are responsible for the accident to step forward and help with medical bills for the player who remains in the hospital.

Cost of treatment for the player who remains in the hospital is already approaching six figures.
  

He says that played a big part in filing the suit today. "In in order to complete any claim in Texas for a minor child it has to go before a state district judge, so eventually this lawsuit would've had to be filed and.... Why wait?"
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According to state law the parents cannot file a lawsuit against the school district until 45 days after they sent this letter.
  

So it would be the end of March if the lawsuit is filed.

-Marissa Bagg, NewsChannel 10

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