Wrongful death lawsuit filed against Fort Mill SC schools after crossing guard death
The family of a crossing guard who died in March after being hit by a car outside a Fort Mill school has filed a wrongful death lawsuit against the school district.
The lawsuit filed Oct. 18 in York County civil court by the estate of Stanley Brucker comes just days after a second crossing guard was hurt in a different crash Oct. 15 in front of another Fort Mill school. Officials in Fort Mill are now asking the S.C. Department of Transportation to review school zone safety, which was first reported this week by The Herald.
Brucker, 61, died March 21 after the collision on Springfield Parkway near the entrance to Fort Mill Middle School and Fort Mill Elementary School. He worked for Cross Safe, a contractor the school district uses for crossing guards.
The lawsuit claims the school district should have known the road was not safe for a crossing guard.
“At the time of his death on March 21, 2024, Mr. Brucker was providing crossing guard services at a specific location that FMSD knew or should have known was unsafe, unreasonably dangerous, and not an appropriate location for a school crossing guard to be located,” the lawsuit states.
The lawsuit names the school district and the driver of the car in the March collision as defendants.
Charleston attorneys J. Rutledge Young III and Hunter L. Windham filed the lawsuit on behalf of a member of Brucker’s family who lives in Washington state, documents show.
The suit that says Brucker suffered “mental trauma, anguish, and conscious pain and suffering before he died.” The suit is seeking actual and punitive damages.
Court records show the lawsuit has not yet been served.
Fort Mill schools spokesman Joe Burke told The Herald Wednesday morning he was not aware of the lawsuit. He said the district generally does not comment on pending litigation.
Civil lawsuit is different from criminal case
A wrongful death lawsuit is not a criminal charge. It is a civil claim alleging negligence.
York County prosecutors said after the March crash no charges were filed against the driver of the vehicle that hit Brucker because school bus video showed Brucker stepped into the northbound lane of the road when the collision happened. Prosecutors also said speed was not a factor.
But it is not uncommon for a civil lawsuit to be filed even if there were no criminal charges, said Stacy Lewis, a Rock Hill attorney whose firm specializes in traffic collision civil cases. Lewis’ firm is not involved in the lawsuit.
Typically, a wrongful death lawsuit allows the family member who files the suit to seek records from the crash to find out what happened, Lewis said.
October crash still under investigation
The lawsuit from the March fatality mentions at least four crossing guards have been struck in the Fort Mill district in the past six years.
In the most recent crossing guard incident on Oct. 15, the guard and a driver were hurt after two vehicles collided on Fort Mill Parkway at the entrance to Catawba Ridge High School. The guard was struck by one of the vehicles after the collision, police said. The extent of the injuries was not released.
The investigation of the Oct. 15 collision remains ongoing, Fort Mill police Capt. Steven Bivins said Wednesday.
School zone safety remains an issue
Fort Mill has 20 campuses with contractor crossing guards used at most of them.
The S.C Department of Transportation reviewed school zone speeds and signs after the March incident where Brucker died. Some signs were added and foliage cleared near the entrances to Fort Mill Middle School and Fort Mill Elementary School, but DOT said it did not lower school zone speeds.
School zone speeds drop from 45 miles per hour to 30 miles per hour during school drop-off and pickup times. DOT told The Herald last week it currently has no plans to drop school speeds from current rules.
This story was originally published October 23, 2024 at 1:56 PM.
