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Fifth, sixth lawsuits filed against concrete truck driver in fatal Hays CISD bus crash


A Hays CISD bus carrying 44 pre-K students and 11 adults from Tom Green Elementary School crashed with a concrete truck on State Highway 21 in Bastrop County, resulting in two fatalities and multiple injuries. (Image courtesy: Hays CISD)
A Hays CISD bus carrying 44 pre-K students and 11 adults from Tom Green Elementary School crashed with a concrete truck on State Highway 21 in Bastrop County, resulting in two fatalities and multiple injuries. (Image courtesy: Hays CISD)
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Two more lawsuits, including one from the family of five-year-old Ulises Rodriguez Montoya, were filed Wednesday against Jerry Hernandez and his employer FJM Concrete. The lawsuits mark the fifth and sixth in total and the fourth overall to be filed this week alone.

Personal injury lawyer Paul Campolo says it’s about holding those responsible for this crash to just that. “It’s about justice and holding this company in this case accountable, and the driver, for what they did,” he said.

Last month, Hernandez was operating the concrete pump truck when it veered into oncoming traffic and collided with a Hays CISD school bus.

Court documents reveal Hernandez admitted to using marijuana the night before and cocaine the morning of the crash. A crash that not only injured more than 50 people, but also killed 33-year-old Ryan Wallace and five-year-old Ulises Rodriguez Montoya.

Rodriguez Montoya’s family is citing “negligence” and “wrongful death” in their lawsuit against Hernandez.

Jason Feltoon is representing eight of the families affected by this crash in a lawsuit filed on Tuesday. It was the fourth overall in this series. “Right now they’re seeking answers,” Feltoon said of his clients.

The clients Feltoon is representing all suffered serious injuries in the crash, and are seeking $1 million in damages according to court documents.

The family of five-year-old Ulises Rodriguez Montoya also filed a lawsuit Wednesday against Hernandez and his employer. In that lawsuit, Rodriguez Montoya’s family cited “negligence” as well as “wrongful death” in the lawsuit. In the end, asking for more than $1 million in damages.

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Personal injury lawyer Paul Campolo knows, though, that while money may not be enough, it’s part of the something that a family affected can lean on. “And maybe it sends a message to other companies or other drivers to be more cautious,” he added.

This is in line with what Feltoon said about his clients. “There are other individuals who - or other entities and individuals who could have prevented this this tragedy from happening at numerous stages,” he said.

Another lawsuit was filed on Wednesday, the fifth overall, by a woman who says she was on the bus and suffered serious injuries.

Hernandez was arrested last month and charged in this incident.

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