The Virginian-Pilot
©
VIRGINIA BEACH
The mother of a Richmond teen has filed a $10 million dollar lawsuit against Hampton Roads Transit and a bus driver. The suit states the driver forced her daughter off the bus at the Oceanfront nearly 1-1/2 years ago, where she later was raped.
The negligence lawsuit, filed last week in Circuit Court, contends that the bus driver, Kokou Fedy of Chesapeake, allowed the then-13-year-old girl to board the bus after the city's 11 p.m. curfew and never called dispatchers or police.
The girl, identified as "Jane Doe" in the 12-page complaint, later was led into a vacant building near 27th Street and Pacific Avenue by Calvin Boyd, who raped her, the lawsuit states.
In February 2007, the girl was not able to testify, and Boyd pleaded guilty to a reduced count of carnal knowledge. Boyd received a suspended sentence of three months. He currently is wanted by police, according to the state's sex offender and crimes against minors registry.
"All someone had to do was call someone," said Jason Roper, the plaintiff's attorney. "This was a girl wearing pajamas, hair uncombed, and the bus driver did not care."
The incident began after 11 p.m. on Sept. 23, 2006, when the girl was upset about a family situation and left her grandparents' home in the city's Little Neck section, where she was staying.
The girl boarded a bus between 12:10 and 12:30 a.m., wearing her grandfather's oversized sweatshirt and tennis shoes. The driver helped her pay the fare. He never questioned the unaccompanied girl, the complaint states.
Roper said HRT's only regulation about minors riding the bus is that they be 38 inches tall. An attorney representing HRT could not be reached for comment Friday.
The girl never had taken a public bus before. She thought it would circle around and return to her stop at Virginia Beach Boulevard and Little Neck Road. However, it traveled more than 10 miles toward the Oceanfront and arrived at 19th Street and Pacific Avenue - the last stop.
Fedy told the girl to leave the bus at about 1:45 a.m., the lawsuit said. As she stepped off the bus and into the rain, she was approached by Boyd, who had been on the bus when she boarded. He persuaded her to follow him to "get out of the rain." After the rape, the girl ran to a convenience store and called her relatives, the lawsuit said.
The girl was taken to the hospital and later learned she had contracted herpes, the complaint said.
"There are so many things that could have prevented this," Roper said. "She had a lot of things robbed from her. You can't tell me that no one could foresee this happening."
Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com
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This is why HRT isn't at fault
Why HRT isn't at fault: As stated in a previous comment: Transit drivers are trained (or learn real quickly) that you do not mess with passengers. I had a discussion with several drivers (who I will not name) who all agree: if the child never left home in the first place. Also, did the child ever ask the driver for help? That makes all the difference in the world. If the child asked for help and the driver refused, then yes, the driver should be at fault (note: I am saying specifically the driver). All drivers are trained in Safe Site procedures (it's usually posted right behind their heads).
Criticising the Wrong Person
Anybody who has worked with Mr. Fedy, or ridden on his bus, will agree that he is HRT’s most compassionate driver. I am not surprised that he helped her insert her fare (the new fare boxes are finicky).
Additionally, I am sure that, if Mr. Fedy suspected that the girl needed assistance or wanted to go back home, he would have gone out of his way to help her. His “deadhead route” would have taken him on a reciprocal route and he would have dropped her off where she was picked up.
There are several exceptional drivers working for HRT, but it is the opportunistic people like this what will force them to just say, “Forget it, it’s not worth the risk,” or “Why bother?”
We need more drivers like Mr. Fedy. I hope everybody who rides his bus offers to pray for him or give him words of encouragement.
Did you say one and a half years ago?
After all this time, they now want to sue. It seems like they might have managed their money with the same care as their granddaughter and now they want the city to bail them out financially.
wow
In an ideal world, the girl wins her money and puts a bounty on the rapist... Dead or alive...
R U KIDDING ME
Reading some of these comments disgust me. Yes there is fault all the way around here when it comes to the mother and the grandparents. By why shouldn't HRT be at fault. I mean regardless of what you may see from teenagers at night. Obviously something was clearly wrong when a teenage girl gets on your bus in the middle of the night looking dishevled. Where is your sense of morality? Most people would ask are you okay. Not just pay for the girls bus fare and then tell her to get off the bus way past the time your route ended. There is more to this story than what is being said. Read in between the lines. Either way regardless of what we see in the streets from adults or teenagers. There is a sense of humanity that if someone looks like they may need help to ask least ask them if they need it, if they turn it down at least in your heart you know you did your part. God forbid that girl got murdered. What if it was your child out there.
The problem here
At the heart of this lawsuit is the notion that bus drivers should be curfew enforcement officers. The implications of that get nutty. In a late night situation, HRT should be about transporting a child towards home, not refusing to board them because they're an unaccompanied minor. In that the driver helped the girl with the fare, he apparently thought she was trying to find her way home when she boarded.
If the family wants damages, why don't they sue the big culprit here, Boyd? Ah, he doesn't have money - but HRT does. Now you get it....
Who is to blame?
In public late at night, no adult, unfamiliar area, using a public transit service she ddin't understand, all while in emotional distress. Any number of bad or tragic things could have happened to this child. And, something terrible did.
If anyone should pay, it's should be those who did wrong: the rapist and the grandparents, The latter were aware of situation. As her proximate guardians, they failed to notify public safety people who may have been able to help protect her.
HRT and its drivers are NOT babysitters. Some 13 year olds are able to use public transit or otherwise move alone in public places safely; others are not. Families are in the best position to determine that. And the family KNEW the aggravating specifics in this case.
This was who's fault?
I think the little girl should sue her parents and grandparents for letting her leave the house unattended at that hour. Since when are the driver and HRT expected to be able to predict the future? There needs to be way for the court system to charge people for bringing suits that waste the court system's time.
It's extremely sad that this
It's extremely sad that this girl had to endure such a traumatic crime, and I pray she gets the help she needs. However, HRT nor the driver are liable for this.
Instead of trying to play the "blame game", maybe the relatives need to take a step back and ask why they allowed a 13-year-old girl to go out by herself at 11:00 p.m. She didn't deserve what happened to her, but for the family to try and make a quick dollar off of their own irresponsibility is sickening. I hope they don't get a single cent.
HRT IS NOT A BABYSITTING SERVICE !
HRT Bus Driver is NOT responsible for this 13 yr. old girl. The LEGAL question is...why was a 13 yr. old girl OUT past curfew? AND, it's not HRT's responsibility to call anyone UNLESS someone is hurt. I would SUE the parents for Felony Child Neglect allowing her daughter to roam the street! What was she doing out that late? The "Plantiff's Attorney" needs to address the issues of why HIS CLIENT is looking for a FAT PAYDAY over her negligence. If I were HRT...I'd stand my ground and push this issue. Secondly....isn't it PAST the statue of limitations to file this suit? You have to file within 1 yr. when (if) the offense has happened. C'mon council....you know better than to file a frivolous lawsuit and you're not being honest with your client. Your client needs to be criminally charged with child neglect....it's that simple. Don't point the finger at HRT to babysit her daughter...it's not HRT's responsibility. The mother needs to cure herself of cranial-rectumitis!