Posted 5/03/2004 05:54:00 PM by Douglas

Of course it was negligent that the windows were capable of being opened on the bus.

The mother of a teen killed when he stuck his head out of a school bus has taken the first step toward a possible lawsuit against Perry Township Schools and the city of Indianapolis.

Irma Garcia sent officials a tort claim notice -- a necessary step before filing a lawsuit against a governmental agency -- on Monday. She is seeking $300,000, the maximum allowed for a wrongful death lawsuit in Indiana.

Her son, Raul Gonzalez IV, 16, died after he stuck his head out of a bus window and struck a tree last fall. The bus driver was steering to avoid an injured raccoon about 7:15 a.m. Nov. 17 on Stop 11 Road, just west of Bluff Road. Raul was declared dead at the scene shortly after the incident.

Isn't that the first thing they tell you when you get on the bus? Don't stick your head out the window, because the driver might swerve to miss a raccoon and you could hit your head on a tree? Maybe I'm missing something.

Raul would still be alive, said Garcia's lawyer, Robert York, if the bus's windows had been blocked from opening more than a few inches.

If the bus's window opened all the way, Raul would still be alive if he'd kept his head in the bus.