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WEST VIRGINIA RECORD

Wednesday, April 17, 2024

Woman files $10 million suit over 6-year-old daughter's school bus death

Haven Brooke McCarthy

HAMLIN - A Lincoln County woman whose daughter was hit and killed after getting off the school bus, is seeking $10 million in damages.

Crystal McCarthy filed the suit May 16 in Lincoln Circuit Court against the Lincoln County Board of Education, Sylvia Martin and Andrew Martin.

McCarthy filed the multi-million dollar lawsuit after her 6-year-old daughter, Haven Brooke McCarthy, was killed after exiting a school bus.

Sylvia Martin was driving a 2004 Ford Freestar on Dec. 10, 2007, that stuck Haven McCarthy, who had recently been left off of the bus. According to witnesses on the scene, Martin allegedly ignored the emergency flashers on the bus and hit McCarthy, whose body was thrown several feet in the air.

The accident happened on W.Va. 10 near West Hamlin.

According to the suit, Martin was charged and convicted in the case. The suit says Martin was negligent and failed to keep a proper lookout, obey traffic signals and keep control of her vehicle.

Crystal McCarthy claims the Board of Education had a duty to provide her daughter a safe exit from the school bus.

McCarthy claims she has experienced emotional trauma and distress at the loss of her daughter. She seeks $10 million in compensation for the stress and emotional toll for herself and her daughter's estate.

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