Suit filed by family of victim in York school bus hit-and-run

The family of a pedestrian who died after a hit-and-run involving a York school bus on April 13 on Lincoln Road has filed a personal injury lawsuit, seeking damages from the driver and the state.

The civil suit was filed in the York County Court of Common Pleas by Sylvia Madariaga Chappell, a representative of the estate of the deceased accident victim, 77-year-old Carlos Octavio Madariaga, and Sylvia R. Madariaga.

Carlos Octavio Madariaga was struck by the side mirror of a school bus carrying students to York Comprehensive High School on the morning of April 13. The bus continued on to the school after he was hit.

Madariaga was walking in the 1100 block of Lincoln Road when he was hit by the mirror. Authorities said he was found lying in a ditch when first responders arrived, and he later died.

Investigators said they knew a large vehicle was involved after finding pieces of the mirror on the side of the road. Police alerted school officials that a bus may have been involved in the hit-and-run.

The lawsuit names as defendants the school bus driver, identified in the suit as Clyde Mansel Burns, and the S.C. Department of Education, which supervises school bus transportation and maintenance.

The body of the suit also refers to the York school district as a defendant. In South Carolina, school bus drivers are employed by local school districts.

The suit alleges gross negligence by the school bus driver, Burns, and the York school district, as well as wrongful death and a loss of companionship for the widow of the deceased man. It seeks actual damages, to be awarded by a jury, and legal costs.

The 16th Circuit Solicitor’s Office investigated the case and announced in late April that no criminal charges would be filed. Investigators determined the driver was not aware the side mirror had struck Madariaga.

In order to convict the driver of failing to stop after a wreck, the solicitor’s office said, prosecutors would have to prove the driver knew he had struck Madariaga.

The suit alleges that Burns was negligent in failing to control and operate the school bus safely, failing to keep a proper lookout while he was driving and failing to stop after the bus side mirror hit Madariaga.

It also alleges the York school district was negligent in failing to properly vet, train and supervise its employees and in failing to use reasonable care.

Craig Wilkerson Jr., a Rock Hill attorney who is representing the plaintiff, did not return a phone call from The Herald seeking comment.

Burns, the bus driver, could not be reached for comment Monday.

Tim Cooper, a spokesman for the York school district, said Monday the district is unable to comment on a pending lawsuit. “We continue to pray for the family, for everybody that is involved,” he said.

Dino Teppara, a spokesman for the S.C. Department of Education, did not respond Monday to an email request from The Herald for comment on the case.

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This story was originally published July 11, 2016 at 8:38 PM with the headline "Suit filed by family of victim in York school bus hit-and-run."