Minor claims she was sexually abused on school bus

CHARLESTON - A minor is suing the Kanawha County Board of Education after she claims she was sexually abused and assaulted while on a school bus.

A bus driver referred to as Karen Doe, Matthew Cavalier and National Union Fire Insurance Company of Pittsburgh, were also named as defendants in the suit.

On Aug. 28, 2012, and Aug. 29, 2012, Jane Doe, who was 13 years old, was riding on the school bus to Elkview Middle School when three boys aged 12 to 18, sexually abused and assaulted her while under the supervision of Karen Doe, who was the bus driver, according to a complaint filed Nov. 26 in Kanawha Circuit Court.

The plaintiff claims Cavalier, who was 18, and a 16-year-old boy were charged with two counts of first-degree sexual abuse, and Cavalier is on home confinement and awaits trial.

The 16-year old and the 12-year-old boys pled guilty to lesser offenses, according to the suit.

The plaintiff claims in a video tape from the bus, the three boys are clearly shown assaulting her, as one boy took his pants off, another boy laid on top of her and a third pushed her head down near his genitalia.

The assaults took place just a few seats behind Karen Doe and she did nothing to stop the assaults, according to the suit.

The plaintiff claims Karen Doe failed in her duty to preserve control over the children riding her bus and to ensure their safety while she drove them to school.

The plaintiff is seeking compensatory and punitive damages. She is being represented by Robert M. Bastress III of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC and Lia DiTrapano Fairless of DiTrapano Law Firm PC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-2223