MEDIA – In response to a fire which took place in its bus garage, the Garnet Valley School District has, through its insurer, filed a product liability lawsuit against the manufacturer of the buses to recover damages it says it sustained.
CM Regent Insurance Company (as subrogee of Garnet Valley School District) of Mechanicsburg filed suit in the Delaware County Court of Common Pleas on June 28 versus Thomas Built Buses, Inc. of High Point, N.C.
“On or about March 24, 2022, a fire occurred at the Garnet Valley School District Bus Garage located at 552 Smithbridge Road, Glen Mills, PA 19342. The fire originated from a 2007 Thomas Built Transitliner School Bus with VIN 1T88T4C2471283956, identified as Bus 88, particularly in the area of the circuit board panel compartment under the driver’s side window,” the suit states.
“Upon investigation, the fire was caused by a defect in the circuit panel boards in that they were not protected by a Protective Cover for PC Boards (as provided by Thomas Built Product Service Bulletin B Index 5 #19). Upon information and belief, a Safety Awareness Bulletin No. #002B from Thomas Built was never provided to the Garnet Valley School District.”
The suit continues that the District was not aware of the possible dangerous condition posed by the uncovered circuit board in the subject bus.
“As a result of the aforementioned incident, CM Regent’s insured filed an insurance claim with it for the property damage caused by the incident. As a result of this claim, plaintiff sustained damages in the amount of $17,899 in payments for the restoration, repair, and replacement of the damaged property. As a result of these payments, plaintiff now, as subrogee of the Garnet Valley School District, seeks to recover the aforementioned damages, owing to Thomas Built’s negligence, strict products liability and breach of warranty,” the suit says.
“Plaintiff alleges that the incident subject to this complaint would not have occurred but for the negligence of the defendant. As a direct and proximate result of the negligence and carelessness of Thomas Built, as described above, CM Regent’s insured was forced to have extensive restoration and repair work done to the subject school bus. By reason of the foregoing, CM Regent suffered damages in the amount of $17,899, together with interest and costs of this action, to which they are subrogated.”
Moreover, the plaintiff argues that at all times relevant to this complaint, Thomas Built failed to notify the plaintiff’s insured of the known dangerous condition the unprotected circuit boards posed as provided in Safety Awareness Bulletin No. #002B.
“The defect in the subject bus led to the fire that destroyed the subject bus. An alternative design, namely a protective cover board over the circuit board, was feasible at the time the bus at issue was manufactured. At all times relevant to this complaint, the design of the subject bus was defective at the time it left the manufacturing facility of Thomas Built. Under the circumstances then and there existing, the subject Thomas Built bus, was unsafe for its intended use for the reason that that the product had caused an unreasonably dangerous condition,” the suit alleges.
“As a direct and proximate result of the defective condition of the subject Thomas Built bus, the subject incident occurred, causing the property damage sustained by CM Regent’s insured, for which it has paid. By reason of the foregoing, plaintiff, CM Regent suffered damages in the amount of $17,899, together with interest and costs of this action, to which they are subrogated.”
For counts of negligence and strict products liability, the plaintiff is seeking damages in the amount of $17,899, together with the costs of this action and any other relief this Court may deem just and proper.
The plaintiff is represented by Dennis J. Crawford of Crawford Law, in Audubon, N.J.
The defendant has not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2023-005563
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com