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!
Other scenarios
What if the girl had already been raped and wasn't willing to tell anyone? What if someone was after her and she got on the bus to get as far away as possible? Say the bus driver did not let her board and she was killed? Would the bus driver then be blamed for the girl's death because she was not allowed to board? Additionally, plenty of 13 year olds these days could be 18 or even older by appearance. Until bus drivers are checking IDs at the door just like cashiers selling alcohol, a bus driver should not be held responsible for a teenager's wellbeing before or after they ride the bus.
There you go
Maybe HRT should sue the parents and grandparents. 20 million? That'll work wonders (keep in mind that Va Beach only spends a couple of million a year on transit). Especially since it's not HRT's fault someone got hurt AFTER leaving the bus and (apparently) the passenger never asked for help.
Lets put the shoes on the other feet-
How about the driver, and the HRT sue the Girls Grandparents, and mother for this situation in the first place.. how about lets say, 20 million!
What about the Grandparents liability?
One of the problems with our current society is our rush to blame other people for everything.
Where is the Grandparent's responsibility? The article does not mention that the Grandparents even noticed the girl was missing and called police prior to her calling the family to tell them what happened, I wonder if they even knew she was gone prior to that call.
What happened is a tragedy and should never have happened, but why is it up to other people to police our children? I wonder, if the bus driver did not allow the child on the bus, could they have been sued for discrimination?
damned if you do - damned if you don't
theree is a recent article about how violent young girls have become, and in this area there have been some vicious attacks by girls against others - As a public transit employee for any length of time, you are taught or you learn real quick not to pry or interfere in any passengers business. The driver is not a mind reader nor a baby sitter. However, if this 'child' had requested some information or help with her situation, the bus driver would be on his radio with dispatch and the with the myriad of va. bch police on the oceanfront would have swarmed in response. they are that good in responding to a call for help. This is a bogus lawsuit by a dysfunctional parent and family. and as far as the claim of herpes, i'd need more proof as to when that was contracted. you're damned if you do and damned if you don't. I prefer not to meddle unless it is so apparent that someone is indeed in need of help - i avoid unprovoked violence that way.
A more Accurate Timeline
View the Route 20 schedule at gohrt.com (http://www.gohrt.com/routes/route 20.pdf). Compare: The story says she boarded the bus between 12:10 and 12:30 AM. Let's assume the bus was on time (and this could be any day of the week). She boarded the bus at 12:32 AM. The story says she was asked to leave the bus at 1:45 AM. See the problem with the time line? The last 20 gets to the Oceanfront at 12:57 AM and the last bus heading to Norfolk (and passing Little Neck Rd) leaves the Oceanfront at 11:37 PM. Also, NO driver would help a passenger pay fare (they would, for example, show where to insert the $1 bill - youth fare is $1 - but they would never insert the money themselves).
Blame the Criminal
Problem is plenty of (young) people get on the bus looking disheveled. Yes drivers are trained in Safe Site procedures (it's posted directly behind their heads). Since the passenger never cried out for help the driver had no reason to respond. Besides, something's wrong with this story: why is the story saying the driver asked the passenger to leave at 1:45 AM at 19th & Pacific? Daily, the last 20 gets there at 12:57 AM. All passengers are asked to leave the bus. Now, if she asked the driver for help and he refused then there would be a problem. No I don't have any problems with children being on the bus late at night: would you want your child stranded at a bus stop knowing full well they could easily get home using this bus?
HRT its your fault better fix it all-HRT just kiddin COUNTERSUE
HRT I will sue you for the flu I got while waiting for the bus with no enclosed out of the weather bus top. I will then sue for the guy who tried to sell me some "good stuff" while I was ridng on your bus-no solicitors please. Oh yes I am also suing because the driver failed to stop away from that puddle while it was raining, my shoes got wet and I slipped fell and probably broke 3 or 9 vertebrae. Yep its all HRTs fault. COUNTERSUE HRT-Grandparents/Parents BE Responsible for your Kids. Alot of this kids life is not being revealed-privacy laws. Who raises a kid to go off at midnight on a whim. My kids are in at dusk, get A's and B's in school, play sports and have parents that tell them about things like predators looking for sex. Bus drivers drive buses-they are not teen counselors. COUNTERSUE HRT
chrisald, there is something more!
Let's hit on some things here. If you look on the bus, there is a sign on it that is something like "SAFE KIDS" or "SAFE PLACE", that is suppose to indicate that the driver is trained to have the welfare of kids in mind and when to contact authorities. So you have a 13yr old girl in night cloths with no money getting on a bus late at night. Does that raise a flag in your mind? If not, seek help. The grandparents and the girl herself do indeed share in the blame for the end result. However, how street wise are your parents or kids? Chances are, not very. But the worst part of it all comes in this quote from the article "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." Our COURTS have failed us and continue to do so on a daily bases. By the extremely light sentence Boyd was shown that he can go out and prey on other young victims. Since he is wanted now that tells us he did just that. It's time to start holding the judges feet to the fire. We can have all the laws we can write on the books, but if the courts continue to let criminals off easy we'll continue to have problems
And it's HRT's fault? (part 2 of 2)
(comment part 2 of 2) HRT does have a Youth Crisis procedure; it is up to the passenger to say something. On most buses, this is posted right behind the driver in case they need to review what they need to do. Seeing that she got on at Little Neck heading towards the Beach – the last #20 leaves Pembroke Mall either direction at 12:15 AM and the last one leaves the Blvd & Little Neck Rd at 12 AM towards Norfolk and 12:30 AM towards the Beach – simply alert the driver and none of this would’ve happened.