By Andy Sevilla
Without much open discussion, Hays CISD school board members unanimously approved authorization for district officials to settle an injury lawsuit stemming from a 2011 school bus wreck.
The settlement vote came Monday after the elected officials discussed the matter in executive session.
On March 23, 2011, a Hays CISD school bus allegedly rammed into the back of Carolyn Ricks’ 2004 Ford Expedition.
Fast forward to Jan. 31, 2013, and Rick’s filed a civil injury suit against Hays CISD seeking financial compensation for alleged injuries sustained during the collision.
In her petition, Ricks states that she suffered lasting injuries after being struck from behind by a Hays CISD school bus.
“Some of the ill effects of these injuries are permanent and will abide with (Ricks) for a long time in the future, if not for her entire life,” Ricks’ suit states. “As a further result of her injuries, (Ricks) suffered physical and mental pain, anguish, and in reasonable probability will continue to suffer in this manner in the future.”
An attorney representing Hays CISD, however, asked the court to dismiss the civil suit against the school district due to the clock allegedly running out, court documents reveal.
Because this is a personal injury suit arising out of a car accident, a two-year statue of limitation applies, and school officials weren’t served with the suit until months after the statute of limitations expired, the district’s attorney argued in court documents.
Ricks filed the lawsuit on January 31, 2013, just less than two months before the school district’s alleged two-year statue of limitation expired, county records show.
The school district, however, argues that district officials weren’t served with the suit until June 11, 2013 — almost three months after the alleged collision’s second anniversary.
County records show service of process was returned to the court unexecuted on Feb. 8, 2013. Hays CISD was not served with the lawsuit on that date, according to county records.
Ricks’ petition to the court shows that Hays CISD could be served the suit through its superintendent, Jeremy Lyons. However, Lyons had accepted and began working as superintendent for Frisco ISD a month prior to the Feb. 8, 2013, attempt to serve the school district with the suit.
It wasn’t until May 28, 2013, that the citation was re-issued, addressed to Hays CISD through its now-superintendent, Mike McKie. The district received the documents June 11 of that year.
The school district’s attorney argues that the June 11, 2013, service of process is months after the alleged two-year statute of limitations expired.
“Summary judgment is warranted in this case because (Ricks) did not exercise due diligence in serving (Hays CISD) with the lawsuit after the expiration of the statue of limitations,” Hays CISD states in its motion for summary judgment, or finalization of the case. “… When a party files its petition within the limitations period, service outside of the limitations period will only be valid if the plaintiff exercises due diligence in executing service on the defendant.”
The two controlling factors that establish due diligence, the district argues while citing Taylor v. Thompson, are whether the plaintiff acted as an ordinary prudent person would act under these circumstances, and whether the plaintiff acted diligently up until the time the defendant was served.
And Ricks did not act diligently up until Hays CISD was served, the district’s attorney argues.
“Despite knowing the name and address of (Hays CISD), (Ricks) waited more than five months after filing the lawsuit to seek service of process on (Hays CISD),” the district states in its motion for summary judgment. “(Hays CISD) is a school district; it neither moved nor tried to evade service of process. The service delay of more than five months after the statue of limitations expired shows a lack of diligence by (Ricks).”
But Ricks did attempt to have the district served a week after filing the suit, and within two-years of the collision’s date, records show. But, the district wasn’t served on Feb. 8, 2013, and instead received service of process in June of that year after a second attempt was made, records show.
In its August motion for summary judgment, the district sought to have the case dismissed, and have Ricks cover the costs incurred by the school district in defending this case.
Hays County court records did not show Tuesday afternoon when a judge would take the motion up and decide to accept or deny the school district’s request for a summary judgment.
Now, district officials are apparently looking to settle the matter, though no details of the settlement were released Monday night.
Lawsuit Timeline
• March 23, 2011: accident between Ricks and Hays CISD bus
• Jan. 31, 2013: Ricks files a civil injury suit against Hays CISD
• Jan. 31, 2013: Citation (giving legal notice to Hays CISD) issued
• Feb. 8, 2013: Citation Returned Unexecuted (Hays CISD did not received Citation)
• May 28, 2013: Citation Re-Issued
• June 11, 2013: Hays CISD receives Citation
• July 8, 2013: Hays CISD submits Original Answer
• Aug. 27, 2014: Hays CISD submits Motion for Summary Judgment