Lawsuit filed against JCPS superintendent after school bus crash, alleges JCPS overlooked previous drug conviction on driver's record

LOUISVILLE, Ky. (WAVE) – The attorney for a woman suing JCPS Superintendent Dr. Marty Pollio and a JCPS bus driver said the district overlooked a previous drug conviction on the driver's record.

Kimberly Petty was injured in an accident involving a JCPS school bus at the corner of Doctor WJ Hodge and Market Street in September of last year.

LMPD body camera video shows witness statements taken after the accident that indicate the bus driver missed a red light and struck Petty's car.

Petty suffered a broken neck, shoulder, forearm and pelvis, as well as severe hand injuries. She has now permanently lost 30 to 50 percent of the mobility in her neck.

“That ended up being a cervical fusion a few months later, she got fixators in her left shoulder and permanent plates in her left forearm,” said Petty's attorney Bo Bolus. “She is on the long road to recovery.”

Bolus said he later discovered that the bus driver, Aaron Helton, had a previous drug conviction.

The lawsuit filed on Petty's behalf alleges that Helton was convicted in Wyoming in 2019 of conspiracy to sell 25 pounds of marijuana. Bolus alleges JCPS failed to conduct a national background check on Helton, a violation of state law.

“We looked into it and found a state law that says the superintendent has to conduct statewide criminal background checks on bus drivers, and that wasn't done here,” Bolus said.

The lawsuit also alleges that JCPS did not drug test Helton after the accident, which Bolus says is a violation of its own policies.

Bolus said it is not the first time JCPS has failed to drug test a bus driver after an accident involving serious injuries.

In 2015, 7-year-old Ally Rednour was dragged several hundred yards when her backpack got stuck in the doors of a JCPS bus. Bolus represented the family in that case and said the driver was never drug tested after that incident, either.

“It bothered me in Ally's case why they don't do a drug test after such a serious personal injury accident, especially when it's in the policy,” Bolus said. “Then the same thing happens in Kim's case, no drug test, she almost gets killed, just like Ally.”

Bolus said his goal in this case is to get JCPS to step up its screening process for bus drivers.

The lawsuit alleges that Helton would not have been allowed to drive a JCPS bus if JCPS had followed state laws regarding background checks.

The lawsuit cites testimony from John McClure, coordinator of the Jacob Bus Compound, who said if he had known about Helton's past, he would not have been allowed to drive.

“If that had happened and state law had been followed, we wouldn’t be having this discussion,” Bolus said.

A JCPS spokesman said the district could not comment on pending litigation.

The lawsuit seeks damages for Petty's pain and suffering, medical bills and lost wages.

All rights reserved.