Family of 5-year-old killed in Boston school bus collision sues district's bus contractor

The family of a Hyde Park kindergartener struck and killed by a school bus in April has sued the bus contractor and driver for negligence.

Family members of Lens Arthur Joseph, who attended UP Academy Dorchester, filed a lawsuit in Suffolk County Superior Court on Monday against Transdev Services, its North American subsidiary and bus driver Jean Charles.

Charles struck Joseph with the bus just after dropping the kindergartener off after school, according to the lawsuit. The 5-year-old was with his 11-year-old cousin, identified as “Jane Doe,” who witnessed the collision.

Charles missed a turn that would have ordinarily dropped the two children directly in front of their house. They were “instead dropped off at the wrong location, on a street that was diagonally a short walk away from their home, forcing the children to attempt to cross the street in front of the bus to reach their actual house,” the complaint states.

As Lens Joseph attempted to cross the street, "Charles began driving, striking Lens, running Lens over, causing fatal injuries to Lens and causing Lens' death," according to the complaint.

Charles, who had an expired bus certificate and has been pulled off the road for additional training two weeks before the collision, was working that day as a substitute driver, the complaint states.

The lawsuit also alleges that earlier in the day, Charles violated company policy when he hit two parked cars but failed to stop and contact a Transdev supervisor.

The suit alleges Transdev was negligent in its hiring, training and supervision, and failed to install safety technologies on its vehicles including stop-arm cameras, surround cameras, pedestrian detection and automatic braking. It also alleges Charles acted negligently in the course of his Transdev employment.

Transdev, a France-based public transport company, contracts with Boston Public Schools to provide school bus transportation. Transdev hires and trains the drivers and ensures compliance with certification, city officials have said. In May, Boston city leaders said they were launching a review into the April collision led by an outside investigator that would include recommendations to enhance school bus safety.

The lawsuit seeks a trial by jury and compensatory damages for out of pocket medical expenses and bills, and severe emotional distress. It also requests punitive damages.

In a statement, plaintiff attorneys said they will “seek justice” for the family.

“We are devoted to ensuring that Lens Joseph’s life will not be defined by his death,” attorney Matthew Fogelman said in a statement. “We seek justice for Lens and his family members, and we will remain resolute in that endeavor and honoring his legacy."

Transdev didn't immediately respond to a request for comment about the lawsuit.