The parents of the 12-year-old Rockland boy who died after he was hit by a school bus in November have hired a lawyer to represent them in legal action against the district.
Attorney Steve Smith announced through his firm on Wednesday that he is representing the parents of Brayden Callahan. The announcement came one day after another child was killed in a crash involving a bus in Standish.
Smith already had sent a notice of claim to Regional School Unit 13 Superintendent John McDonald on Nov. 25, four days after the Brayden’s death, seeking $10 million in monetary damages.
The Maine Tort Claims Act, however, caps damages at $400,000 and gives the school 120 days to respond out of court before a lawsuit can be filed in state court. Lawmakers considered a bill to increase the cap to $1.25 million last year but instead suggested further study, and the measure was carried over to next session.
“There’s no way they can be compensated for the loss of their son,” Smith said in an interview Wednesday, pointing out how closely this occurred to the holiday season. “Who can imagine such a thing? There is nothing I or anyone else can do that will make this loss easier.”
In the statement announcing legal efforts, Smith’s firm said the case raises “questions about public safety, oversight and accountability.”
While McDonald said he couldn’t speak to the family’s legal plans, he said RSU 13 is “hopeful that we can work this out without a lawsuit.”
Smith said he also sent a notice to the bus driver, Jeffrey Colburn, who was included in the notice that the school received as a related employee.
Colburn had not been criminally charged in Knox County Superior Court as of Wednesday, a clerk confirmed. Colburn did not respond to a message left with a phone number believed to be his.
The boy’s parents have declined to speak with a Press Herald reporter to this point.
Brayden died after he was hit by a bus on Nov. 21 at the intersection of Broadway and Eliza Steele Drive, Rockland police said.
According to the crash report, the boy was crossing in front of the bus in a crosswalk when Colburn accelerated and ran him over. The report indicated that Colburn did not keep his eyes on the road after dropping the student off.
Callahan was airlifted to Maine Medical Center in Portland, where he died from his injuries.
Following the crash, Colburn was put on administrative leave pending a police investigation. McDonald said at a school board meeting this month that Colburn no longer works for the district.
Colburn was involved in a minor crash in October in which he hit a parked car while driving an RSU 13 bus. He was also convicted of operating a vehicle under the influence of alcohol in 2015, for which he received a $500 fine and had his license suspended for 150 days.
