In the Supreme Court of Newyork for Schoharie County

Exhibit 8.10 Fact Pleading Complaint

IN THE SUPREME COURT OF NEW YORK FOR ALBANY COUNTY

B.K., a minor by her : No.: ______

Parents and guardians,

Janice Knowles and :

Steven Knowles,

Plaintiff : Civil Action - Negligence

v. :

Ronald Clemmons, : Jury Trial Demanded

Lower Council School District,

Bud Smith, and :

Ace Trucking Company, Attorney ID No. 124987

Defendants :

C O M P L A I N T

NOW comes the plaintiff, by her attorneys, Mason, Marshall and Benjamin and brings this complaint alleging as follows:

1. Plaintiff is B.K. a minor whose interests are represented by her parents and natural guardians, Janice and Steven Knowles, adult individuals, husband and wife, residing at 1243 Asbury Avenue, Albany, New York (hereinafter Plaintiff).

2. Defendant, Ronald Clemmons is an adult individual residing at 24 Logan Street, Albany, New York (hereinafter Defendant Clemmons).

3. Defendant Lower Council School District is a governmental unit duly authorized and existing under the laws of the State of New York with its principal place of business being 701 Wilkes Road, Albany, New York (hereinafter Defendant School).

4. Defendant Bud Smith is an adult individual residing at 332 S. Hearn Lane, Albany, New York (hereinafter Defendant Smith).

5. Defendant Ace Trucking Company is a corporation duly organized and existing under the laws of the State of New York with its principal place of business being 2501 Industrial Highway, Center Bridge, New York (hereinafter Defendant Ace).

6. At all relevant times, Defendant Clemmons, a 69 year old, duly licensed school bus driver, was employed by and under the direction, supervision and control of Defendant School.

7. At all relevant time Defendant Smith, a 46 year old, duly licensed truck driver, was employed by and under the direction, supervision and control of Defendant Ace.

8. On October 21, 2010 at approximately 7:20 a.m. Defendant Clemmons began transporting students to school on his regular morning route driving a 2005 full size school bus owned and operated by Defendant School.

9. On October 21, 2010 at approximately 8:50 a.m., after finishing his regular route, Defendant Clemmons drove to Albany City School No. 18 and loaded 44 children, ages 5 to 9 years old, and 8 adults serving as chaperons for a scheduled field trip to the Pumpkin Patch in Central Bridge, New York, about 40 miles from the school.

10. Plaintiff, born on June 12, 2003, being 7 years of age on the date in question, was one of the passengers, seated on Row 10 Seat F of the bus. A true and correct copy of the bus seating chart is attached hereto, made a part hereof and labeled as Exhibit “A”.

11. Although familiar with the Central Bridge area, Defendant Clemmons had never been to the Pumpkin Patch.

12. Defendant School did not provide its driver, Defendant Clemmons with directions or a map to the site.

13. Defendant Clemmons asked a chaperone for directions which were obtained from a secretary in the school office.

14. Each school bus passenger seat was equipped with three color-coded lap belts, one color coded belt for each passenger in a seat. Each child was seated and restrained with a lap belt before the trip began for purposes of safety and supervision.

15. Departing the school about 9:20 a.m., Defendant Clemmons took the New York State Thruway west to exit 25A onto Interstate-88 (I-88) and then traveled west on I-88 toward exit 23, the intended exit.

16. Defendant Clemmons was confused about the directions to the Pumpkin Patch and exited at exit 24, the wrong exit. Clemmons stopped the bus on the exit 24 ramp, turned the bus around, returned to I-88, and continued traveling to exit 23, the correct exit.

17. At the end of the exit ramp for exit 23, Defendant Clemmons turned right onto State Route 30A (SR-30A) and started looking for State Route 7 (SR-7).

18. At approximately 10:30 a.m., the bus was traveling north on SR-30A between 15 and 25 mph as it approached the intersection with SR-7. The north- and southbound traffic on SR-30A were controlled by an advance warning sign that indicated a stop ahead, a stop sign, flashing red intersection control beacons, pavement markings that included the word “STOP”, and a stop bar.

19. At the same time, Defendant Smith was driving a dump truck towing a utility trailer owed and operated by Defendant Ace. Defendant Smith was traveling about 45 mph westbound on SR-7. East- and westbound traffic on SR-7 at the intersection with SR-30A was controlled by flashing yellow intersection control beacons.

20. As the school bus approached the intersection, several children on board saw the sign for the Pumpkin Patch that was beyond the intersection and yelled.

21. Defendant Clemmons, who was looking for SR-7, saw the posted stop sign, slowed, but did not stop the bus, which then entered the intersection where the dump truck struck it on the right side behind the rear axle.

Count I – Plaintiff v. Defendant Clemmons

22. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as though fully set forth at length herein.

23. Defendant Clemmons was negligent when he failed to stop the school bus at a stop sign breaching his duty to operate a vehicle in accordance with the rules of the road in effect in the state of New York for purposes of safety and traffic control.

24. Defendant Clemmons breached the duty of care owed to the passengers of the bus when he violated the rules of the road failing to stop at the traffic control device.

25. As a direct result of Defendant Clemmons’ negligence in the operation of the school bus, Plaintiff was injured when upon impact of the dump truck with the school bus she was thrown about the interior of the school bus striking her head and shoulders on the side and roof of the bus resulting in a fractured skull and fractured vertebra at C3 and 4, contusions and abrasions.

26. As a result of the injuries sustained by Plaintiff she has suffered damages as follows:

a. surgical treatment and repair of a fractured skull;

b. placement of a halo brace upon her head and shoulders for stabilization and healing of vertebra fractures as C3 and 4;

c. physical therapy to rehabilitate and restore the normal use of her head and neck;

d. medical expenses related to the treatment and rehabilitation for the injuries sustained;

e. time lost from school while hospitalized and unable to attend school;

f. arranging and paying for private tutors to come to her home for missed school instruction;

g. inability to participate in soccer, Daisy Scouts and other of life’s pleasures, and;

h. such other damages as will be proved at trial of this matter

Wherefore plaintiff requests this Honorable court enter judgment in her favor and against the Defendants in an amount exceeding $25,000 plus interest, costs, attorneys fees and such other relief as deemed equitable.

Count II – Plaintiff v. Defendant School

27. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as though fully set forth at length herein.

28. Defendant School failed to properly supervise, control and direct its employee Defendant Clemmons as follows

a. failure to obtain proper medical certification of a bus driver known to have a heart condition, hypertension, and Type I Diabetes in violation New York Department of Motor Vehicles Article 19-A;

b. failure to provide map and directions for drivers destination;

c. failure to establish a policy to limit the eligibility of senior drivers known to be easily confused, distracted and unable to focus on multiple stimuli, and;

d. such other negligence as may be discovered in preparation of the trial of this matter.

29. As a result of Defendant School negligence in employing and supervising Defendant Clemmons the collision of October 21, 2010 occurred causing plaintiff to suffer, as follows:

a. surgical treatment and repair of a fractured skull;

b. placement of a halo brace upon her head and shoulders for stabilization and healing of vertebra fractures as C3 and 4;

c. physical therapy to rehabilitate and restore the normal use of her head and neck;

d. medical expenses related to the treatment and rehabilitation for the injuries sustained;

e. time lost from school while hospitalized and unable to attend school;

f. arranging and paying for private tutors to come to her home for missed school instruction;

g. inability to participate in soccer, Daisy Scouts and other of life’s pleasures, and;

h. such other damages as will be established at the trial of this matter.

Count IV - Plaintiff v. Defendant Smith

30. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as though fully set forth at length herein.

31. Defendant Smith was negligent in the operation and control of a dump truck driving too fast for conditions while approaching an intersection with flashing yellow lights.

32. As a direct result of Defendant Smith’s negligence the dump truck he was operating struck the school bus in which Plaintiff was a passenger.

33. Plaintiff was injured when upon impact of the dump truck with the school bus she was thrown about the interior of the school bus striking her head and shoulders on the side and roof of the bus resulting in a fractured skull and vertebra at C3 and 4.

34. As a result of the injuries sustained by Plaintiff she has suffered damages as follows:

a. surgical treatment and repair of a fractured skull;

b. placement of a halo brace upon her head and shoulders for stabilization and healing of vertebra fractures as C3 and 4;

c. physical therapy to rehabilitate and restore the normal use of her head and neck;

d. medical expenses related to the treatment and rehabilitation for the injuries sustained;

e. time lost from school while hospitalized and unable to attend school;

f. arranging and paying for private tutors to come to her home for missed school instruction

g. inability to participate in soccer, Daisy Scouts and other of life’s pleasures, and;

h. such other damages as will be established in the trial of this matter.

Count V – Plaintiff v. Defendant Ace

35. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as though fully set forth at length herein.

36. Defendant Ace was negligent in failing to inspect and correct mechanical deficiencies to the brake system, the air hose linking the truck and the trailer, and permitting use of a dump truck to pull a trailer.

37. Defendant Ace was negligent in allowing its driver to operate a vehicle not designed to pull a trailer and failed to properly supervise and train employee Smith concerning the rules of the road.

38. As a result of Defendant Ace’s negligence the dump truck struck the school bus in which Plaintiff was a passenger.

39. Plaintiff was injured when upon impact of the dump truck with the school bus she was thrown about the interior of the school bus striking her head and shoulders on the side and roof of the bus resulting in a fractured skull and vertebra at C3 and 4.

40. As a result of the injuries sustained by Plaintiff she has suffered damages as follows:

a. surgical treatment and repair of a fractured skull;

b. placement of a halo brace upon her head and shoulders for stabilization and healing of vertebra fractures as C3 and 4;

c. physical therapy to rehabilitate and restore the normal use of her head and neck;

d. medical expenses related to the treatment and rehabilitation for the injuries sustained;

e. time lost from school while hospitalized and unable to attend school;

f. arranging and paying for private tutors to come to her home for missed school instruction;

g. inability to participate in soccer, Daisy Scouts and other of life’s pleasures, and;

h. such other damages as will be established at the trial of this matter.

Respectfully submitted,

Mason, Marshall and Benjamin

ATTORNEYS FOR PLAINTIFF

______

Ethan Benjamin, Esquire

Attorney ID #

Mason, Marshall and Benjamin

Address

Albany, New York

Phone

Fax

V E R I F I C A T I O N

I, JANICE KNOWLES, verify that I am authorized to make this verification. I verify that the Complaint is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of perjury relating to unsworn falsification to authorities.

Date:______

JANICE KNOWLES

I, STEVEN KNOWLES, verify that I am authorized to make this verification. I verify that the Complaint is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of perjury relating to unsworn falsification to authorities.

Date:______

STEVEN KNOWLES