Crystal Burkert v. Holcomb Bus Service, Inc.
In June 2013, a Camden County Superior Court jury returned a $5 million verdict in Crystal Burkert v. Holcomb Bus Service, Inc. on behalf of a teenage plaintiff represented by Badey, Sloan & DiGenova, P.C.
Case Background
The plaintiff, then 17-year-old Crystal Burkert of Gloucester County, New Jersey, was assigned a designated school bus stop directly outside her home. Over time, the bus driver for Holcomb Bus Service, a private contractor providing school transportation services, repeatedly dropped her off at a distant, unsafe location several tenths of a mile from her home. The bus driver did this routinely, allegedly to shorten his route and finish earlier, even though the substitute location required Burkert to walk along a high-speed rural road with no sidewalks.
On December 3, 2007, while walking to her home after being dropped off at this unsafe location, Burkert was struck by a drunk driver and suffered serious injuries, including pelvic fractures, back injuries, and traumatic brain injury.
Claim and Trial
Attorneys George J. Badey, III and Michael H. DiGenova argued that Holcomb Bus Service and its driver were negligent for failing to follow proper safety protocols and placing Burkert in a foreseeable zone of danger. They alleged the company violated fundamental rules of school bus transportation by placing a minor in harm’s way, breaching the trust placed in the bus service by her family and the community. The defense argued that the drunk driver bore more responsibility, but the jury apportioned 75% of the liability to Holcomb Bus Service and 25% to the intoxicated driver.
Verdict and Impact
After a trial lasting approximately 2.5 weeks, the seven-member jury returned its verdict on June 19, 2013, awarding $5 million in damages to Burkert.
Under the jury’s apportionment, Holcomb Bus Service was responsible for $3.75 million, plus interest, litigation costs, and attorneys’ fees. The insurance carrier had previously offered only a modest settlement. The verdict reflected the jury’s assessment of the failure to protect a student from a preventable hazard and the severity of her injuries.
Significance
This verdict underscores the high standards to which school transportation providers are held regarding student safety and risk management. It also demonstrates the role of thorough trial advocacy in securing meaningful accountability when negligence contributes to life-altering harm.